IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 Crl.Rev.Pet.No. 1490 of 2010() ------------------------------ CRA.1025/2008 of ADDL.DISTRICT AND SESSIONS JUDGE, FAST TRACK (ADHOC-II), KOZHIKODE ST.1338/2007 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE COURT (MARAD CASES), KOZHIKODE. .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- IMBICHUNNI.P.K., S/O.KELU, PUTHIYEDATH KUNNUMMAL HOUSE, P.O.ELETTIL VATTOLY, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENT(S): RESPONDENT/COMPLAINANT & STATE --------------------------------------------- 1. K.DINESH, S/O.NARAYANAN, MAHESHWARI, BHAGAVATHY THARA, KALLAI P.O., KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.O.T.JABISH FOR R1 PUBLIC PROSECUTOR SHRI FIROZ K.M THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1490 of 2010 -------------------------------------- Dated this the 4th day of May, 2010. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Kozhikode in Crl.Appeal No.1025 of 2008 confirming conviction and sentence of petitioner in S.T.No.1338 of 2007 of the Special Judicial First Class Magistrate (Marad Cases), Kozhikode. Petitioner was sentenced to undergo simple imprisonment for two months and to pay Rs.1,20,000/- as compensation to respondent No.1. There was also a default sentence of one month. 2. Petitioner is now in jail undergoing imprisonment. In the meantime the dispute has been settled between petitioner and respondent No.1. Respondent No.1 has sworn an affidavit to that effect. He states that he has received the full amount in full and final settlement of his claim. There is also an application for compounding the offence signed by respondent No.1, his counsel and the counsel for petitioner. 3. It is seen from the affidavit and the petition for compounding the offence that the compensation is voluntary. Offence under Section 138 of the Act is made compoundable under Section 147 of the Negotiable Instruments Act. Hence Crl.M.A.No.4491 of 2010 is allowed. Composition entered between petitioner and respondent No.1 is recorded and that shall have the effect of Crl.R.P.No.1490/2010 2 acquittal of petitioner under Section 320(8) of the Code of Criminal Procedure. Petitioner shall be released forthwith if not required to be retained otherwise. Issue intimation to the Superintendent of District Jail, Kozhikode. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks