IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH DECEMBER 2006 / 28TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 613 of 2003(B) ------------------------------ CC.914/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY CRA.81/2001 of ADDL.SESSIONS COURT, KOTTAYAM .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------ P.A.THAHA, S/O. LATHEEF, PUTHUPARAMBIL, NEAR MINI RUBBER CROPS MILL, KANJIRAPPALLY. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: RESPONDENT/COMPLAINANT: ------------------------------------ 1. P.S.BASHEER, S/O. SAIDMUHAMMED, PUTHENPARAMBIL HOUSE, ANITHOTTAM, KANJIRAPPALLY, KOTTAYAM. 2. STATE OF KERALA, REP. BY DIRECTOR OF PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.HARUN-AL-RASHID PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ------------------------------------ Crl.R.P.NO.613 OF 2003 ------------------------------------ Dated this the 19th day of December , 2006. ORDER This Revision Petition is directed against a concurrent verdict of guilty, conviction and sentence imposed on the petitioner in a prosecution under Section 138 of the Negotiable Instruments Act. The respondent has also entered appearance through counsel. 2. When this revision petition came up for hearing, the learned counsel for the petitioner and the respondent have submitted that the matter has been settled amicably between the parties. They have filed a joint application for composition duly signed by the rival contestants and counter signed by the respondent's counsel. The learned counsel for the respondent/complainant vouches that the signature appearing in the application for composition is that of the complainant. 3. The offence punishable under Section 138 of the N.I Act is now compoundable after amendment to the N.I Act. I am satisfied, from the submissions made by the counsel as also the joint statement filed by them, that the parties have settled their dispute amicably. I find no reason not to accept the composition. Crl.R.P. No. 613/2003 -2- The composition can now be accepted and granted requisite leave under Section 320(6) Cr.P.C. 4. In the result: i) Crl.M.A.No.12869 of 2006 is allowed and the composition is accepted after granting the requisite leave; ii) The acceptance of the composition shall have the effect of acquittal of the accused of the offence punishable under Section 138 of the N.I Act as stipulated under Sec.320(8) of the Cr.P.C; iii) This revision petition is accordingly allowed. The impugned judgments are set aside. The bail bond executed by the accused shall stand discharged and he is set at liberty. R.BASANT JUDGE es/ Crl.R.P. No. 613/2003 -3-