IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 CRL.REV.PET.NO. 1377 OF 2009() -------------------------------------------- CRA.306/2008 OF ADDL.SESSIONS COURT-II, KOZHIKODE ST.25/2007 OF JUDICIAL MAAGISTRATE OF FIRST CLASS-II,KOYILANDY .................... REVN. PETITIONER(S) - APPLICANT - ACCUSED: -------------------------------------------------------------- SURENDRAN, S/O. RAMAN KUTTY, AGED 35 YEARS, NARIYINKAL HOUSE, NADUVATHUR P.O., NAMBRATHUKARA DESOM, KOYILANDY. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S) - RESPONDENTS - COMPLAINANT: ---------------------------------------------------------------- 1. BALAKRISHNAN NAIR, S/O.NAYANAN NAIR, MEERANGATTU HOUSE, NARAYANA NILAYAM, NADERI AMSOM DESOM, KOYILANDY TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADVOCATE SHRI K. VINOD CHANDAN R1 BY PUBLIC PROSECUTOR SHIR P.A. SALIM R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1377 of 2009 -------------------------------------- Dated this the 21st day of April, 2009. ORDER Respondent No.1 appears through Advocate Vinod Chandran. Public Prosecutor takes notice for respondent No.2. 2. Petitioner was convicted by learned Judicial First Class Magistrate - II, Koyilandy in S.T.No.25 of 2007 for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) and sentenced to undergo simple imprisonment for six months. He was directed to pay fine of Rs.5,000/- with a default clause. Appeal preferred by the petitioner was allowed in part by confirming the conviction and modifying the sentence. Hence, this revision. 3. It is submitted by counsel for petitioner and respondent No.1 that the parties have settled the case outside the court and that respondent No.1 has filed Crl.M.P.No.4099 of 2009 seeking permission to compound the offence. 4. It is seen from the petition that the matter has been settled by the parties outside the court. Offence under Section 138 of the Act is made compoundable under Section 147 of the Act. On hearing counsel on both sides and going through the petition, I do not find any reason why the request should not be allowed. Crl.R.P.No.1377/2009 2 Resultantly, Crl.M.P.No.4099 of 2009 is allowed and the composition entered between the petitioner and respondent No.1 is accepted. That shall have the effect of acquittal of the petitioner under Section 320(8) of the Code of Criminal Procedure. Petitioner who is undergoing imprisonment shall be released forthwith if not required to be detained otherwise. Revision Petition is disposed of accordingly. Registry shall communicate the release order to the Superintendent of District Jail, Kozhikode. THOMAS P.JOSEPH, Judge. cks