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Judgment
7 paragraphs · 288 wordsN.Nagaresh, J
This Criminal Revision Petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 challenging the judgment dated 20.01.2022 in Criminal Appeal No.368 of 2019 on the files of the Additional Sessions Judge-VI, Ernakulam confirming the judgment dated 16.11.2019 in S.T. No.3313 of 2017 of the Judicial First Class Magistrate Court, Kalamassery.
The revision petitioner was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The revision petitioner was convicted and sentenced by the Magistrate’s Court, and the conviction was confirmed and sentence was modified in part by the Appellate Court. Aggrieved by the conviction and sentence passed by the Appellate Court, the Revision Petition has been filed.
The revision petitioner now submits that the entire dispute has been settled between the parties. A Compounding Petition has been filed as Crl.M.A. No.2 of 2023 by the revision petitioner and the 1st respondent under Section 147 of the Negotiable Instruments Act, 1881.
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 1st respondent does not want to proceed with the case any further.
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.