IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Crl.Rev.Pet.No. 3586 of 2009() ------------------------------ CRA.84/2004 of ADDL. SESSIONS COURT (ADHOC), KOLLAM CC.208/2001 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- SHARJU, VALIYA VEEDU, KARAMCODE P.O., CHATHANNOOR, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT -------------------------- 1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. R.UDAYAN, SREEBHAVAN, KOTTAKKERAM, PARIPPALLY, KOLLLAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN ADV. SRI.B.CHANDRA LAL FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.Appl.No.10779 of 2009 in Crl.R.P No.3586 of 2009 ------------------------------------- Dated this the 16th day of November, 2009 O R D E R The respondent has entered appearance. I am satisfied that the delay can be condoned and the revision petition can be admitted it having been submitted by both sides that the matter is settled between the parties. Delay condoned. Petition allowed. Crl.R.P.No.3586 of 2009 This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act. 2 The respondent/complainant has entered appearance. The respondent is represented by a counsel. Both counsel submit that the parties have settled their disputes amicably and the complainant has compounded the offence allegedly committed by the petitioner/accused under Section 138 of the N.I Act. A proper application under Section 320 Cr.P.C has been filed by the rival contestants and such joint petition for composition is duly counter signed by their respective counsel. Crl.R.P No.3586 of 2009 2 3. The learned counsel for the respondent vouches for the signature of the complainant in the petition for composition. 4. I am satisfied from the submissions made at the Bar and on a perusal of the joint application for composition filed by the contestants that the parties have settled their disputes and the complainant has compounded the offence allegedly committed by the petitioner/accused under Section 138 of the N.I Act. I am satisfied that the composition can be accepted after granting the requisite leave for composition. 5. In the result: a) This revision petition is allowed; b) Crl.M.Appl.No.11074 of 2009 is allowed after granting the requisite leave and the composition of the offence under Section 138 of the N.I Act by the contestants is accepted; c) The composition of the offence shall have the effect of acquittal of the accused as stipulated under Section 320(8) Cr.P.C and consequently the impugned concurrent verdict of guilty, conviction and sentence shall stand set aside. (R.BASANT, JUDGE) rtr/-