IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.Rev.Pet.No. 2306 of 2009() ------------------------------ CRA.320/2008 of ADDL.SESSIONS COURT (ADHOC), KOTTAYAM ST.18/2007 of JUDL. MAGISTRATE OF FIRST CLASS, CHENGANACHERRY .................... REVN. PETITIONER/APPELLANT/ACCUSED: -------------------------------------- R.CHELLAYYA NADDAR,VEGETABLE MERCHANT, NEW VEGETABLE MARKET,STALL NO.39,KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. RAJAN P.MATHEW,PALAKKULAM HOUSE, PARIYARAM P.O.,VAKATHANAM,CHANGANACHERRY. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.G.ANANTHANARAYANAN FOR R1 PUBLIC PROSECUTOR : SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2306 of 2009 --------------------------------------- Dated this 17th day of July 2009 ORDER This revision is in challenge of judgment of learned Sessions Judge, Kottayam in Crl. Appeal No. 320 of 2008 confirming conviction but modifying the sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.1 filed Crl.M.A.No.6962 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.6962 of 2009 that parties have settled the dispute out of court. There is no reason to think that the composition is not voluntary. Offence under Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.6962 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Sec.320(8) of the Code of Criminal Procedure. 4. It is submitted by learned counsel for petitioner that petitioner has deposited Rs.50000/- (Rupees Fifty Thousand Only) in the trial court of learned Additional Sessions Judge (Adhoc No.1), Kottayam pursuant to the order passed in the appeal. As per the settlement between the parties, that amount has to go to the Crl.R.P.No.2306 of 2009 2 petitioner. Learned counsel therefore requested that petitioner may be permitted to withdraw the said amount. Learned counsel for respondent No.1 states that respondent No.1 has no objection in petitioner withdrawing the said amount. Hence it is directed that the amount if any deposited by petitioner in the court of learned Additional Sessions Judge, Kottayam pursuant to the order of that court shall be released to the petitioner on application. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/