Court dismisses plea to quash conviction post-revision in light of amicable settlement
In a significant decision reinforcing the finality of criminal proceedings, the Kerala High Court, presided over by Justice C.S. Dias, dismissed a petition seeking to quash the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881, even after an amicable settlement between the parties. The court emphasized that once a criminal revision petition is decided, the High Court becomes functus officio and cannot revisit the conviction and sentence, despite any post-revision settlements.
The case involved Fifa Builders Pvt Ltd. and others, who were convicted and sentenced by the Judicial Magistrate of the First Class-I, Ernakulam, for cheque dishonour. The conviction was affirmed by the Additional Sessions Court, Ernakulam, and the Kerala High Court in subsequent appeals and revisions. The petitioners, upon realizing the revision petition's dismissal, settled the dispute with the complainant, who submitted an affidavit expressing no objection to setting aside the conviction.
However, invoking Sections 362 and 482 of the Criminal Procedure Code, 1973, the court clarified that it lacked jurisdiction to alter or review the final judgment, except for clerical errors. The court referenced several precedents, including the Supreme Court's decision in Tanveer Aquil v. State of Madhya Pradesh and the Kerala High Court's own rulings in Sudheer Kumar @ Sudheer v. Manakkandi M.K. Kunhiraman, which underscore the prohibition against post-revisional compounding of offences.
Despite the petitioners citing cases like Gian Chand Garg v. Harpal Singh, which allowed post-revisional compounding, the court maintained that proper recourse lies in approaching the Supreme Court for relief through appeal or special leave petition. Thus, the Criminal Miscellaneous Case was dismissed, preserving the conviction but allowing the petitioners to explore other legal remedies.
Bottom Line:
Negotiable Instruments Act, 1881 - Section 138 - Once a criminal revision petition is finally decided, the High Court cannot invoke its inherent powers to set aside the conviction and sentence, even if the parties have amicably settled the dispute post-revision.
Statutory provision(s): Negotiable Instruments Act, 1881 - Section 138, Criminal Procedure Code, 1973 - Section 362, Section 482
Fifa Builders Pvt Ltd. v. State of Kerala, (Kerala) : Law Finder Doc Id # 2826970
