SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 55936

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
SHAHUL HAMEED – Appellant
Versus
SHAJAHAN – Respondent
CRL.REV.PET NO. 1224 OF 2018 | Crl.A NO.179 OF 2017 | CC NO.230 OF 2014



Advocates:
For the Appellants/Petitioners: SRI.G.SUDHEER
For the Respondents: SRI.J.HARIKUMAR, SMT. MAYA M.N - PUBLIC PROSECUTOR

Court can permit compounding of offences under Section 147 of NI Act even at revisional stage, leading to acquittal.

Headnote:The court analyzed the provisions of Section 138 and Section 147 of the Negotiable Instrument Act, clarifying the process for compounding offences. It was found that the parties had amicably settled their dispute, leading to the acceptance of their application for compounding. The court set aside the accused's conviction under Section 138 of the NI Act based on mutual consent, resulting in the acquittal of the accused. Thus, both the conviction and sentence were annulled.

Table of Content
1. overview of the case and prior judgments (Para 1 , 2)
2. court permits compounding leading to acquittal (Para 4)

O R D E R

Revision petitioner is the accused in C.C.No.230/2014 on the file of Judicial First Class Magistrate Court XII, Thiruvananthapuram and he is the appellant in Crl.A No.179/2017 of Additional Sessions Court II, Thiruvananthapuram. He was convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instrument Act (for short N.I Act).

2. Aggrieved by the judgment of conviction and sentence accused has preferred this revision petition before this Court. 3. When this matter came up for hearing, the learned counsel for the revision petitioner/accused and the learned counsel for the 1st respondent/complainant submitted that the matter was amicably settled between the parties and they filed Crl.M.A. No.1/2025 under Section 147 of N.I.Act seeking permission to compound the offence.

4. Section 147 of NI Act enables the parties to compound the offence under Section 138 of N.I Act even at the revisional stage. Hence, Crl.M.A.No.1/2025 filed by the parties seeking permission to compound the offence under Section 147 of N.I.Act is allowed and the parties are permitted to compound the offence.

Accordingly, the judgment of conviction and sentence in C.C.No.230/2014 of the Judicial First Class Magistrate Court XII, Thiruvananthapuram and Crl.A No.179/2017 of Additional Sessions Court II, Thiruvananthapuram against the accused for the offence under Section 138 N.I Act are set aside and the revision petitioner/accused is acquitted. His bail bond stands discharged.

The Crl.Revision Petition stands disposed of as above.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top