Alsam @ Alsam V.M vs State Of Kerala

Dr.Kauser Edappagath, J

This Crl.R.P. has been filed against the judgment dated 08/03/2017 in Crl.A.No.193/2014 of the Additional District & Sessions Court -IV, Pathanamthitta (for short 'the appellate court') and against the judgment dated 31/10/2014 in S.T.No.2092/2013 of the Judicial First Class Magistrate Court-I, Ranni (for short, 'the trial court').

The revision petitioner is the accused and the respondent No.2 is the complainant in S.T.No.2092/2013 on the file of the trial court. The complaint was filed under Section 138 of the Negotiable Instruments Act (for short, 'the N.I.Act'). The trial court found the accused guilty under Section 138 of the N.I.Act and convicted him for the said offence. He was sentenced to undergo simple imprisonment for a period of three months and to pay a compensation of Rs.50,000/- to the complainant under Section 357(3) of Cr.P.C. in default, to suffer simple imprisonment for a period of three months. The appellate court dismissed the appeal. This Crl.R.P. has been filed challenging the conviction and sentence passed by the trial court and confirmed by the appellate court.

The respondent No.2 filed Crl.M.A.No. 4 of 2024 under Section 359 (8) of the Bharathiya Nagarik Suraksha Sanhita, 2023 r/w Section 147 of the N.I.Act to compound the offence. The learned counsel for the revision petitioner and the learned counsel for the respondent No.2 submitted that the matter has been settled between the parties and the respondent No.2 has received the entire cheque amount. As directed by this Court, the petitioner has deposited a sum of Rs.3,000/- at the Kerala State Legal Service Authority as cost. I am satisfied that composition is voluntary. Hence, Crl.M.A.No. 4 of 2024 is allowed. The offence is compounded. The composition shall have the effect of the acquittal of the accused. Accordingly, the impugned judgments of conviction and sentence are set aside and the accused/revision petitioner is acquitted.

The Crl.R.P. is disposed of as above.