C. Arul Das vs State Of Kerala And Ors

The revision petitioner is aggrieved by his conviction and sentence in C.C. No.35 of 2007 of the Judicial First Class Magistrate Court, Devikulam, as

modified in Criminal Appeal No.191 of 2008 of the Additional Sessions Court, Thodupuzha. The judgment convicting the revision petitioner was

rendered on a complaint filed by the second respondent under Section 138 of the Negotiable Instruments Act. The trial court found the petitioner

guilty, convicted and sentenced him to undergo rigorous imprisonment for three months and to pay compensation of Rs.50,000/- under Section 357 (3)

Cr.P.C. In appeal, the finding of guilt and conviction was sustained and the sentence of imprisonment reduced to simple imprisonment for 15 days.

Along with the revision petition, Crl.M.Appl.No.3 of 2020 has been filed jointly by the revision petitioner and the second respondent herein, seeking

permission to compound the offence. In the application for compounding, it is stated that the second respondent having been paid the entire amount

due, has no further grievance against the revision petitioner.

The offence under Section 138 of the N.I.Act is compoundable under Section 147 of the N.I.Act. Further, this Court is vested with the power to

permit compounding under Section 320 (6) Cr.P.C. Considering that the entire amount has been paid, I am inclined to allow the request for

compounding, which has the effect of acquittal under section 320 (8) of Cr.P.C. Consequently, the revision petition is only to be allowed.

In the result, the Criminal revision petition is allowed. Conviction and sentence passed by the courts below under Section 138 of the N.I.Act is set

aside and the revision petitioner stands acquitted. The bail bond of the revision petitioner and sureties stands discharged.