High Court Kerala High Court

P.M.Nazar vs C.A.Saleem on 15 October, 2009

Kerala High Court
P.M.Nazar vs C.A.Saleem on 15 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 774 of 2001()



1. P.M.NAZAR
                      ...  Petitioner

                        Vs

1. C.A.SALEEM
                       ...       Respondent

                For Petitioner  :SRI.D.ANIL KUMAR

                For Respondent  :SRI.T.P.VARGHESE

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :15/10/2009

 O R D E R
                            P.Q.BARKATH ALI, J.
                        - - - - - - - - - - - - - - - - - - - - -
                            Crl.R.P.No.774 OF 2001
                    - - - - - - - - - - - - - - - - - - - - - - - - - -
                    Dated this the 15th day of October, 2009

                                      ORDER

The revision petitioner is the accused in C.C.No.235/1999 of

Judicial First Class Magistrate Court I, Kochi and appellant in

Crl.Appeal No. 611/2000 of Sessions Court, Ernakulam. The revision

petitioner was convicted under Section 138 of the Negotiable

Instruments Act and sentenced to undergo simple imprisonment for a

period of six months and to pay compensation of Rs.1,50,000/- to the

complainant. On appeal, his conviction under Section 138 of the

Negotiable Instruments Act was confirmed, but sentence was modified

to the effect that he was sentenced to undergo simple imprisonment for

fifteen days and to pay compensation of Rs. 1,60,000/-, in default, to

undergo simple imprisonment for a period of three months. Out of the

compensation amount, Rs. 1,55,000/- was ordered to be paid to the

complainant as compensation as provided under Section 357(3) Cr.P.C.

Now the accused has come up in revision challenging his conviction

and sentence.

Crl.R.P.No.774/01 Page numbers

2. The case of the revision first respondent/complainant as

testified by him as PW1 and as detailed in the complaint before the trial

court was that the accused borrowed Rs. 1,50,000/- from the

complainant agreeing to repay the said amount with 12% interest on

February 1, 1998 and to discharge that liability, on the same day, he

issued the cheque – Ext.P1 drawn on the Kochi branch of Federal Bank

Ltd which when presented for collection was returned dishonoured for

want of sufficiency of funds in the account of the accused in the bank

and that inspite of the notice – Ext.P5 dated 15-12-1998, the accused

did not repay the amount which is an offence punishable under Section

138 of the Negotiable Instruments Act.

3. The learned Magistrate on receipt of the complaint recorded

the sworn statement of the complainant PW1 and took cognizance of

the case. The accused/revision petitioner on appearance before the trial

court pleaded not guilty to the charge under Section 138 of the

Negotiable Instruments Act. PW 1 was examined and Exts.P1 to P9

were marked on the side of the complainant before the trial court.

When questioned under Section 313 Cr.P.C., the accused denied the

Crl.R.P.No.774/01 Page numbers

entire transaction. No defence evidence was adduced.

4. The learned Magistrate on an appreciation of the evidence

found the revision petitioner guilty of the offence punishable under

Section 138 of the Negotiable Instruments Act, convicted him

thereunder and sentenced him as aforesaid. The lower appellate court

confirmed his conviction and modified the sentence as aforesaid. The

accused has come up in revision challenging his conviction and

sentence.

5. When the revision petition came up for hearing today,

counsel for the petitioner and first respondent submitted that the matter

has been settled. They filed a compounding petition under Section 147

of Negotiable Instruments Act which was allowed by me. As the

offence has been compounded, conviction and sentence of the revision

petitioner by the trial court in S.T.No.235/99 which is confirmed in

appeal in Crl.Appeal No.611/2000 have to be set aside. Revision

petitioner/accused has to be acquitted of the charges against him.

In the result, revision petition is allowed as compounded. The

conviction and sentence of the revision petitioner by trial court under

Crl.R.P.No.774/01 Page numbers

Section 138 of the Negotiable Instruments Act which is confirmed in

appeal is set aside and the accused is acquitted under Section 320 of

Cr.P.C. . His bail bonds are cancelled.

P.Q.BARKATH ALI
JUDGE
sv.

Crl.R.P.No.774/01    Page numbers