IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Crl.Rev.Pet.No. 222 of 2001() ----------------------------- CRL.A.NO.181/99 OF SESSIONS COURT, MANJERI IN S.T.NO.130/93 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI REVN. PETITIONER:APPELLANT/ACCUSED --------------------- E.K.GOPI, S/O.KELU, EDAKKATTU KUNDIL HOUSE, KARUVAMBRAM, MANJERI. (MANJERI POLICE STATION LIMITS). BY ADV. SRI.ALAN PAPALI RESPONDENTS: --------------- 1. VALIYAPARAMBIL AZZEZE, S/O.KUNHAMAD, KASALAKUNNU, P.O.MANJERI COLLEGE, MANJERI. (MANJERI POLICE STATION LIMITS). 2. STATE OF KERALA (S.T.NO.130/93, CHIEF JUDICIAL MAGISTRATE COURT, MANJERI) REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.K.M.SATHYANATHA MENON FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.R.P No.222 of 2001 ------------------------------------- Dated this the 8th day of July, 2009 O R D E R 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. Today when the matter came up for hearing it is reported by the counsel that the disputes have been settled between the parties and the complainant has compounded the offence punishable under Section 138 of the Negotiable Instruments Act committed by the petitioner/accused. A joint application for composition duly signed by the complainant and the accused and duly counter signed by their respective counsel is filed as Crl.M.Appl.No.6565 of 2009. 2. I am satisfied from the joint compromise petition filed as Crl.M.Appl.No.6565 of 2009 and from the submissions made by the counsel for the rival contestants before me that the parties have settled all their outstanding disputes harmoniously. Counsel for the respondent/complainant vouches for the signature of the respondent/complainant in the joint application Crl.R.P No.222 of 2001 2 for composition. The offence under Section 138 of the Negotiable Instruments Act is now compoundable and I find no reason why such composition arrived at by the parties should not be accepted by this Court at this stage. 3. In the result: i) This revision petition is accordingly allowed; ii) Crl.M.A.No.6565 of 2009 is allowed and the composition of the offence under Section 138 of the N.I Act by the parties is accepted after granting the requisite leave; iii) 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; iv) The impugned verdict of guilty, conviction and sentence are set aside and shall not hence be executed. (R.BASANT, JUDGE) rtr/-