Shajimon.H vs State Of Kerala

K.Babu., J

The challenge in this Crl. Revision Petition is to the judgment dated 15.12.2017 in S.T. No.1124 of 2016 of the Judicial First Class Magistrate Court-II, Haripad, and modified by the Additional Sessions Court-I, Mavelikkara, in the judgment dated 09.02.2021 in Crl.Appeal No.18 of 2018.

The revision petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment till rising of the Court and pay an amount of Rs.2,00,000/- as compensation to the complainant.

The complainant/respondent No.2 filed an application under Section 147 of the NI Act seeking composition of the offence.

The learned counsel for the revision petitioner submitted that the revision petitioner is undergoing sentence in the prison and he is not in a position to pay the costs as directed by the Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663 : (2010) 2 SCC (Civ) 520 : (2010) 2 SCC (Cri) 1328. The revision petitioner is, therefore, exempted from paying costs.

I have gone through the application seeking composition. It is stated that the entire dispute has been settled and the complainant has no grievance against the revision petitioner/accused. I find no reason to refuse the composition. The composition shall have the effect of acquittal.

The judgment dated 15.12.2017 in S.T. No.1124 of 2016 of the Judicial First Class Magistrate Court-II, Haripad, and modified by the Additional Sessions Court-I, Mavelikkara, in the judgment dated 09.02.2021 in Crl.Appeal No.18 of 2018 stands set aside. The accused is acquitted of the offence alleged.

The Crl.Rev.Petition is disposed of accordingly.

The revision petitioner is confined in the Central Prison, Thiruvananthapuram. The Registry shall forthwith communicate the order to the Superintendent of the Central Prison. If his custody is not required in any other cases, the Superintendent shall release the revision petitioner today itself.