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. 4497 of 2006() ------------------------------ CRA.842/2005 of ADDL. SESSIONS COURT (ADHOC), KOZHIKODE ST.1182/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... REVN. PETITIONER: ---------------------------- S.SHAJAHAN MANAGING PARTNER CINDRELLA MARKETING, VENUS CASTLE S.N.JUNCTION, PALARIVATTAM, COCHIN BY ADV. SRI.P.P.THAJUDEEN RESPONDENTS: ----------------------- 1. JOSCO AGENCIES 8/50 MOONALINGAL, CALICUT REP.BY ITS POWER OF ATTORNEY HOLDER K.RAMKUMAR 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR: SRI.C.K.SURESH SRI.K.RAMAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/12/2006,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ------------------------------------ Crl.R.P.NO.4497 OF 2006 ------------------------------------ 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. 4497/2006 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.13048 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/