Kerala High Court
Crl.Rev.Pet/1214/2023 of JESSY JOHNY Vs THE PUNJAB NATIONAL BANK LTD on 10 April 2025
OF 2023 2025:KER:31507 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CRL.REV.PET NO. 1214 OF 2023 AGAINST THE JUDGMENT DATED 30.09.2023 IN CRL.A NO.30 OF 2022 OF SESSIONS COURT, KALPETTA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
CRL.REV.PET NO. 1214 OF 2023
AGAINST THE JUDGMENT DATED 30.09.2023 IN CRL.A NO.30 OF
2022 OF SESSIONS COURT, KALPETTA ARISING OUT OF THE
JUDGMENT DATED 28.06.2022 IN ST NO.711 OF 2019 OF CHIEF
JUDICIAL MAGISTRATE, KALPETTA
REVISION PETITIONER/ACCUSED/APPELLANT:
JESSY JOHNY
AGED 55 YEARS
W/O JOHNY JOHN, KUPPAYIL HOUSE,
PUZHAMUDI POST, VENGAPPALLY POST,
WAYANAD DISTRICT, PIN - 673121.
BY ADV.
K.MOHANAKANNAN
RESPONDENTS/COMPLAINANT/RESPONDENT:
THE PUNJAB NATIONAL BANK LTD
KALPETTA BRANCH, REPRESENTED BY ITS MANAGER, DEEPESH, AGED 30 YEARS, S/O NANAKAN,RESIDING AT
NAZ APARTMENTS KALPETTA, PIN - 673121.
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
BY ADVS.
SRI.M.P. PRASANTH, PP
SRI. SANTHEEP ANKARATH, SC
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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ORDER
This Criminal Revision Petition has been filed challenging the concurrent finding of conviction and sentence in a proceedings initiated under Section 138 of the Negotiable Instruments Act (for short ‘the N.I. Act’).
2. The petitioner is the accused and the 1st respondent is the complainant in STC No.711/2019 on the files of the Chief Judicial Magistrate Court, Kalpetta (for short ‘the trial court’). The trial court convicted the accused for the offence under Section 138 of the N.I. Act and she was sentenced to undergo imprisonment till the rising of the court and to pay a fine of ₹8,50,000/- (Rupees Eight lakhs and fifty thousand only), in default to suffer simple imprisonment for a period of four months. The appeal filed as Crl. Appeal No.30/2022 challenging the conviction and sentence of the trial court before the Sessions Court, Kalpetta (for short ‘the appellate court’) was dismissed.
3. Before this Court, the matter has been settled between the parties. Both parties filed Crl.M.A. No.2/2025 to compound the offence. It is stated in the compounding petition that the matter has been amicably settled between the parties. I am satisfied that the composition is voluntary. Hence, Crl.M.A. No.2/2025 is allowed and the offence stands compounded. The composition shall have the effect of the acquittal of the accused under Section 328 of the Criminal Procedure Code. (Section 359 of the Bharatiya Nagrik Suraksha Sanhita). Since the offence has been compounded, the impugned conviction and sentence are set aside. Accordingly, the Criminal Revision Petition is allowed as above. The petitioner/accused is entitled to withdraw the portion of the fine amount deposited by her before the trial court as per the direction of this Court. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR