Noushad vs Sumesh P.V

G. Girish, J

The accused in S.T. No.2220 of 2014 on the files of the Judicial First Class Magistrate Court, Ponnani has filed this revision petition against the concurrent findings of the conviction and sentence by the Trial Court and the Appellate Court in respect of the offence under Section 138 of Negotiable Instruments Act attributed against him.

Now, the issue involved is said to have been settled between the parties. Crl.M.A.No.1 of 2024 is accordingly filed jointly by the revision petitioner and the 1st respondent for compounding the offence.

Having  regard  to  the  facts  stated  in  the  aforesaid application as well as the affidavit filed by the 1st respondent, who is the defacto complainant in S.T.No.2220 of 2014 of the

Judicial First Class Magistrate Court, Ponnani, I deem it appropriate to dispose of the matter in accordance with the composition of the offence.

In  the  result,  this  Criminal  Revision  Petition  is disposed of as follows:-

i) The offence involved in this case is found to have been lawfully compounded between the parties.

ii) The conviction and sentence of the revision petitioner/accused by the Trial Court, which have been upheld in the appeal, are hereby set aside.

iii) The revision petitioner/accused is acquitted under Section 320(8) of the Criminal Procedure Code read with Section 147 of the Negotiable Instruments Act.

iv) The revision petitioner/accused will be entitled for the release of the amount, if any, deposited before the Trial Court in accordance with the direction of the Appellate Court while admitting the appeal, which was filed as Crl.A.No.195 of 2019 before the Additional Sessions Court, Manjeri.

v) Communicate this order to the prison where the revision petitioner/accused is presently lodged for his immediate release, if he is not under detention in connection with any other cases.