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Judgment
7 paragraphs · 312 wordsA. Badharudeen, J
This is a revision petition filed under Sections 397 and 401 of the Code of Criminal Procedure challenging conviction and sentence entered into by the Judicial First Class Magistrate Court – I, Cherthala, in C.C.No.399/2009 and confirmed by the Additional Sessions Court – III, Alappuzha, as per judgment dated 26.12.2018 in Crl.A.No.291/2012.
Adv.Aswathi Suresh filed Vakalat for the first respondent/complainant. It is submitted by the learned counsel for the revision petitioners that the matter has been settled and petition to compound the matter has been filed. Adv.Mathew Jacob representing the learned counsel for the first respondent/complainant also conceded the settlement.
As the matter has been amicably settled, the revision petitioners as well as the first respondent/the original complainant jointly filed Crl.M.A.No.3 of 2023 to compound the offence along with the revision petition. They also filed Crl.M.A.No.4 of 2023 to grant exemption from payment of 15% of cheque amount as cost for compounding the offence, highlighting the financial crisis of the revision petitioners.
Since the grounds raised seeking exemption to deposit the cost found to be convincing, deposit of cost stands waived.
Compounding an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N.I.Act’) is permissible at any stage since the same is a deemed offence. Therefore, there is no reason to disallow the compounding petition. Since the parties settled the matter, the compounding has the effect of acquittal under Section 320(8) of Cr.P.C. Accordingly, compounding as sought for in Crl.M.A.No. 3 of 2023 is allowed.
In the result, this revision petition stands allowed as compounded and the conviction and sentence imposed by the trial court as well as the appellate court under Section 138 of the N.I.Act stand set aside and the revision petitioners/accused is set at liberty, forthwith, and his bail bond, if any, stands cancelled.