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Judgment
Dr Kauser Edappagath, J
This revision petition has been filed challenging the conviction and sentence passed by the court below in a proceedings under Section 138 of the Negotiable Instruments Act, 1881.
Now the matter has been settled between the parties. Accordingly, both the complainant and the accused filed a compounding petition before this Court as Crl.M.A.No. 1/2022. Another petition has been filed as Crl.M.A.No.2/2022 to waive the cost to be paid, as directed by the Supreme Court in Damodar S. Prabhu v. Sayed Babalal H. [2010 (5) SCC 663].
I went through the compounding petition. I am satisfied that the composition is voluntary. The matter has been amicably settled between the parties and according to the complainant he has no further grievance. Hence, I am of the view that the case stands compounded under Section 320 of Cr.P.C. The composition shall have the effect of acquittal of the accused under Section 320(8) of Cr.P.C.
As per the guidelines given by the Apex Court in Damodar S. Prabhu (supra), if the application for compounding is made before the High Court, 15% of the cheque amount has to be paid as cost. However, the Apex Court in Madhya pradesh State Legal Services Authority v. Prateek Jain & Another [2014 (10) SCC 690] has held that in appropriate cases, the court can reduce or waive the cost for good reasons.
The learned counsel for the petitioner/accused submitted that the accused is in acute financial constraint and the matter itself was settled for a sum of Rs.4,00,000/-, considering his present financial stage. The counsel further submitted that he has no resources to pay the cost.
Having considered the entire facts and circumstances of the case, I am of the view that it would be just and proper that the revision petitioner is directed to pay a sum of Rs.25,000/- towards cost before the Kerala Legal Services Authority.
In the result, the revision petition is disposed of in terms of the compromise. Crl.M.A.No.1/2022 is allowed. The offence against the petitioner/accused stands compounded. In view of the composition, the judgment of conviction and sentence under challenge is set aside and the accused is acquitted. Crl.M.A.No.2/2022 is disposed of. The petitioner is directed to deposit the sum of Rs.25,000/-(Rupees twenty five thousand) as cost before the Kerala Legal Services Authority within fifteen days from today and produce the receipt.
Post this Crl.R.P after fifteen days for compliance.