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Abdul Rasheed vs State Of Kerala

High Court Of Kerala · Decided on 25 September 2023 · Citation: (2023) 09 KL CK 0208

HON’BLE JUDGES
N. Nagaresh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 320(8), 357(3), 397, 401 · Negotiable Instruments Act, 1881 — Section 147
RESULT
Disposed Of
CASE NUMBER
Criminal Revision Petition No. 938 Of 2023
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Judgment

7 paragraphs · 319 words

N. Nagaresh, J.

1.

This Criminal Revision Petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 challenging the judgment dated 20.10.2017 in Criminal Appeal No.39/2013 on the files of the Additional Sessions Court-II, Manjeri confirming the judgment dated 31.01.2013 in C.C. No.389/2010 of the Judicial First Class Magistrate Court-I, Perinthalmanna.

2.

The revision petitioner, who is the accused in C.C. No.389/2010 of the Judicial First Class Magistrate Court-I, Perinthalmanna, was convicted and sentenced to undergo simple imprisonment for a period of three months and was directed to pay ₹15 lakhs as compensation under Section 357(3) Cr.P.C. The criminal appeal filed by the petitioner against the judgment in C.C. No.389/2010 was dismissed by the Additional Sessions Court-II, Manjeri.

3.

The 2nd respondent-de facto complainant alleged that the revision petitioner has issued a cheque for ₹15 lakhs which has been dishonoured for want of sufficient funds. Now, the petitioner and the 2nd respondent both of whom are represented through respective counsel submit that they have settled the matter out of court and have filed an application for compounding the offences as Crl.M.A. No.2/2023 under Section 147 of the Negotiable Instruments Act, 1881.

4.

I have perused the Compounding Petition. The Compounding Petition appears to have been filed by the parties voluntarily. A perusal of the Compounding Petition would show that now the dispute has been settled between the parties and the 2nd respondent does not want to proceed with the case any further.

5.

In the above circumstances, the offence stands compounded. The composition will have the effect of acquittal of the accused under Section 320(8) of the Code of Criminal Procedure, 1973. In view of the composition, the conviction and sentence passed by the courts below are hereby set aside and the revision petitioner is acquitted accordingly. The revision petitioner shall be released immediately.

The Criminal Revision Petition is disposed of as above.