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2022 Supreme(Online)(KER) 38574
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SHARAFUDEEN
– Appellant
Versus
STATE OF KERALA – Respondent
Crl.Rev.Pet 926 2022
B.MOHANLAL, ABIJITH M, SHINE N.S
A conviction under the Negotiable Instrument Act can be set aside if the dispute is amicably settled between the parties and the offence is compounded.
Headnote:
Negotiable Instruments - Criminal Revision - Negotiable Instrument Act Section 138, 147 - Court set aside conviction as the dispute was settled between parties.
Fact of the Case:
The petitioner challenged the conviction under Sec. 138 of the Negotiable Instrument Act, appealing an earlier judgment which was confirmed on appeal. A delay of 6397 days was condoned for this revision petition.
Finding of the Court:
The court noted the parties settled their dispute, and both counsels agreed to set aside the conviction and sentence. The applications for compounding the offence were allowed.
Issues: Whether the conviction under Sec. 138 can be set aside based on the settlement between the parties.
Ratio Decidendi: The conviction can be set aside when the parties mutually resolve their dispute and seek to compound the offence under Sec. 147 of the Negotiable Instrument Act.
Final Decision: The conviction and sentence are set aside and the petitioner is to be released if not implicated in other cases.
ORDER
This Criminal Revision is filed challenging the conviction and sentence imposed on the revision petitioner as per the judgment dated 7.5.2001 in CC No. 165/1997 on the file of the Chief Judicial Magistrate, Kollam which is confirmed by the Sessions Judge, Kollam in Crl.Appeal No. 95/2001. The offence alleged against the petitioner was under Sec. 138 of the Negotiable Instrument Act.
2. This revision was filed with a delay condonation petition to condone the delay of 6397 days. This Court was pleased to condone the delay as per order dated 27.12.2022.
The petitioner is in custody from 22.12.2022 onwards.
3. Today, when this revision petition came up for consideration, the learned counsel for the petitioner and the learned counsel appearing for respondents 2 to 4 submitted that the entire dispute between the petitioner and the deceased complainant is settled. The counsel appearing for respondent Nos. 2 to 4 submitted that they have no objection in setting aside the conviction and sentence. An application is also filed to compound the offence under Sec.147 of the Negotiable Instruments Act . Another petition is also filed to exempt the revision petitioner from paying 15% of the cheque amount.
4. Considering the facts and circumstances of this case, I think the applications can be allowed and the conviction and sentence imposed on the petitioner can be set aside.
Therefore, this Criminal Rev. Petition is allowed in the following manner :
1) Crl.M.A. No. 3/2022 is allowed.
2) Crl.M.A. No. 2/2022 is allowed.
3) The conviction and sentence imposed on the revision petitioner as per the judgment dated 7.5.2001 in CC No. 165/1997 which is confirmed by judgment dated 31.3.2003 in Crl.Appeal No. 95/2001 by the Sessions Judge, Kollam is set aside.
1) The Registry will issue a release order of the petitioner forthwith, if the petitioner is not involved in any other case, to the Superintendent, District Jail, Kollam forthwith.
