IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3416 of 2007(Y)
1. M/S.ANJANEYA ENTERPRISES,
... Petitioner
2. P.V.SURESHKUMAR,
Vs
1. STATE OF KERALA
... Respondent
2. SREE SAKTHI PAPER MILLS LTD.,
For Petitioner :SRI.V.M.KURIAN
For Respondent :SRI.S.SREEKUMAR
The Hon'ble MR. Justice R.BASANT
Dated :14/11/2007
O R D E R
R. BASANT, J
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Crl.M.C. No. 3416 OF 2007
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Dated this the 14th day of November, 2007
ORDER
The petitioners are accused 1 and 2 in a prosecution
under Sec.138 of the Negotiable Instruments Act. The 1st
petitioner/accused No.1 is a partnership firm and the 2nd
petitioner/accused No.2 is its Managing Partner. The
proceedings under Sec.138 of the Negotiable Instruments Act
was initiated on the basis of a complaint filed by the
complainant/2nd respondent herein.
2. The trial court found the petitioners guilty. The
Sessions Court, in appeal, set aside the conviction. This Court
in the appeal against acquittal restored the verdict of guilty,
conviction and sentence passed by the trial court. The 1st
petitioner has been sentenced to pay a fine of Rs.5,000/- and
the 2nd petitioner has been sentenced to undergo simple
Crl.M.C. No. 3416 OF 2007 -: 2 :-
imprisonment for a period of six months. He has also been
directed to pay an amount of Rs.5 lakhs as compensation.
Default sentence has also been prescribed.
3. The petitioners have now come before this Court to
apprise this Court of the subsequent settlement and composition
of the offence. The 2nd respondent has entered appearance
through counsel. He confirms that the disputes have been
settled and that the 2nd respondent/complainant has compounded
the offence alleged against the petitioners. The entire amount
due to the 2nd respondent has already been received, it is
submitted.
4. An application has been filed by the rival contestants
duly countersigned by their respective counsel to confirm that
there has been some settlement/composition.
5. The appellate judgment rendered by this Court restoring
the verdict of guilty, conviction and sentence has now become
final. The learned counsel, in these circumstances, prays that
the dictum in Sabu George v. Home Secretary (2007 (1) KLT
982) may be invoked and the 2nd petitioner may be saved of the
Crl.M.C. No. 3416 OF 2007 -: 3 :-
trauma of incarceration in prison notwithstanding the
composition.
6. Having considered all the relevant circumstances, I am
satisfied that this is an eminently fit case where the dictum in
Sabu George v. Home Secretary (2007 (1) KLT 982) can be
invoked in favour of the 2nd petitioner to save him from the
trauma of incarceration in prison notwithstanding the
composition. I am further satisfied that the direction for
payment of compensation need not be enforced, the 2nd
respondent having admitted that the entire amount has been
paid and received in full satisfaction of his claim. I am not
satisfied that the sentence imposed against the 1st petitioner/
accused No.1 deserves to be interfered with notwithstanding the
composition. I am satisfied that the sentence imposed against
the 2nd petitioner/accused No.2 alone need be set aside invoking
the powers under Sec.482 of the Cr.P.C. as explained in the
dictum in Sabu George v. Home Secretary (2007 (1) KLT
982).
7. This Crl.M.C. is accordingly allowed in part. The
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sentence imposed on the 2nd petitioner under Sec.138 of the
Negotiable Instruments Act including the direction for payment
of compensation and the default sentence is hereby quashed.
8. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge