2017 (8) TMI 136 - HC - Indian Laws

Court compels Sec. 138 NI Act case, acquits petitioner, ends proceedings with joint compromise petition.

Manikantan Nair Versus The Thiruvananthapuram Taluk Taxi Drivers Co-Operative Society Ltd. And State of Kerala

The High Court accepted a joint compromise petition between the petitioner and the complainant in a case under Sec.138 of the Negotiable Instruments Act. ... Offence under Sec.138 of the Negotiable Instruments Act - Held that:- On a perusal of the joint compromise application for compounding of the offence, it is ordered that the impugned judgments of both the courts below will stand set aside and the offence under Sec.138 of the Negotiable Instruments Act, alleged against the petitioner will stand compounded and the petitioner is acquitted of the above said offence. In view of the belated plea for compounding the offence, the petitioner will pay cost of ₹ 3,000/- before the Kerala State Legal Services Authority (High Court Legal Service Committee). Sri.Thomas Abraham, learned counsel appearing for the revision petitioner submits that cost will be paid by tomorrow. Issues:Accused convicted under Sec.138 of the Negotiable Instruments Act, appeal dismissed by the Sessions Court, petition for compounding the offence under Sec.147 of the Act.Analysis:The petitioner, the accused in a case under Sec.138 of the Negotiable Instruments Act, was convicted by the trial court and sentenced to imprisonment and a fine. The petitioner then appealed to the Sessions Court, which upheld the conviction and dismissed the appeal. Subsequently, the petitioner filed a Criminal Revision Petition seeking to compound the offence under Sec.147 of the Act. The petitioner and the complainant, who is the Secretary of a Co-operative Society, appeared before the High Court and confirmed a compromise, stating that the disputes have been resolved, and the complainant has received the full amount in question. Both parties filed a joint compromise petition for compounding the offence, which was accepted by the Court.The joint compromise petition detailed the settlement reached between the parties, emphasizing the full payment received by the complainant and the request for compounding the offence in the interest of justice. The Court, after considering the submissions and the joint compromise application, set aside the judgments of the lower courts, compounded the offence under Sec.138 of the Act, and acquitted the petitioner of the said offence. Additionally, the petitioner was directed to pay a cost of &8377; 3,000 before the Kerala State Legal Services Authority due to the belated plea for compounding.In conclusion, the Criminal Revision Petition was disposed of with the direction for the petitioner to pay the specified cost, bringing an end to the legal proceedings in this matter.