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Judgment
P.V.Kunhikrishnan, J.
The above Crl.M.C is filed with following prayers:
“For the above reasons and other grounds urged at the time of argument, it is humbly prayed that this Hon’ble court may be pleased to call for the records and permit the petitioner to compound the offence u/s 138 of N.I Act committed by him and to set aside the annexure A1 judgment passed by the JFMC, Kothamanglam dated 31.01.2011 and acquit the petitioner.” (sic)
The petitioner was convicted and sentenced by the Judicial First Class Magistrate Court, Kothamangalam as per judgment dated 31.01.2011 in CC No.283 of 2008. Petitioner has not challenged the conviction and sentence. Petitioner is taken into custody based on the execution warrant. It is submitted that now the matter is settled with the defacto complainant and the affidavit is also filed as Annexure A3. Receipt also produced to show that the petitioner paid the amount. Hence this Crl.M.C is filed to quash Annexure A1 judgment.
Admittedly, an appeal is maintainable against Annexure A1 judgment. In such circumstances, this Court cannot invoke the jurisdiction under Section 482 Cr.P.C to quash a judgment by which the petitioner is convicted and sentenced. At this stage, the counsel for the petitioner submitted that since the matter is settled and the petitioner is in jail, he may be released and he may be given a breathing time to file an appeal. I think that prayer can be allowed.
Therefore, this Crl.M.C is disposed of in the following manner:
The petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court for a period of thirty days from today.
In the meanwhile, the petitioner can file appropriate appeal before appropriate court and obtain necessary orders, in accordance with law.