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
| 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.
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