MARTIN MATHEW v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-15. MARTIN MATHEW v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE B. SUDHEENDRA KUMAR TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942 Crl. Rev. Pet. No. 620 OF 2020 AGAINST THE ORDER/JUDGMENT IN CRA 64/2018 OF II ADDITIONAL SESSIONS COURT, THODUPUZHA AGAINST THE ORDER/JUDGMENT IN ST 737/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PEERUMEDU REVISION PETITIONER/S: MARTIN MATHEW, AGED 40 YEARS, S/O. MATHEW, THOMMITHAZHATHU HOUSE, AMARAVATHY P. O. , KUMILY, IDUKKI DISTRICT. BY ADVS. SRI. G. HARIHARAN SRI. SHINE VARGHESE SRI. PRAVEEN. H. SMT. K. S. SMITHA SRI. V. R. SANJEEV KUMAR RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 DEEPA RAJESH, W/O. RAJESH, KARTHIKA HOUSE, NEAR HPC, VALLARAKADAVU, VANDIPERIYAR, IDUKKI DISTRICT - 685533. R2 BY ADV. SMT. N. P. SILPA OTHER PRESENT: SMT. M. K. PUSHPALATHA, SR. PP THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15. 12.
2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. Rev. Pet. No. 620 of 2020 -2- O R D E R Crl. M. A. No. 4 of 2020 has been jointly filed by the revision petitioner and the second respondent, who is the complainant before the trial court, praying for recording the composition. The parties have filed this application on the reason that the matter has been settled by the parties. This Court as per order dated 15. 12. 2020 in Crl. M. A. No. 5 of 2020 waived the costs to be deposited by the revision petitioner before the Kerala State Legal Services Authority as a condition precedent to grant permission to compound the offence as held by the Apex Court in Damodar S. Prabhu v. Sayed Babalal [2010 (2)KLT 587 (SC)]. The offence under Section 138 of the Negotiable Instruments Act is compoundable under Section 147 of the Negotiable Instruments Act. Therefore, since the matter has been settled, it is only just and proper to grant permission to compound the offence.
Accordingly, permission stands Crl. Rev. Pet. No. 620 of 2020 -3-granted and the composition stands recorded, which is having the effect of acquittal under Section 320 (8) of Cr. P. C. In the result, this Revision Petition stands allowed, setting aside the conviction and sentence passed by the courts below under Section 138 of the N. I. Act and the revision petitioner stands acquitted under Section 320 (8) of Cr. P. C. The bail bond of the revision petitioner stands discharged. Needless to state that the amount, if any, deposited by the revision petitioner before the trial court pursuant to the direction of this Court or the appellate court shall be released to the second respondent herein, who is the complainant before the trial court, as requested in this compromise petition. Sd/- B. SUDHEENDRA KUMAR, JUDGE STK
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.