IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Crl.Rev.Pet.No. 1472 of 2010() ------------------------------ CRA.306/2008 of SESSIONS COURT, KASARAGOD CC.258/2008 of JFCM-II, (ADDITIONAL MUNSIFF, KASARAGOD) .................... PETITIONER/APPELLANT/ACCUSED -------------------------------------- B.MUHAMMED KUNHI, AGED 57 YEARS, S/O.BAPPAN KUNHI HAJEE, RESIDING AT HANEES MANZIL, ARIKHADY KADAVATHU.P.O, KUMBLA, KASARAGOD DISTRICT BY ADV. SRI.K.SHRIHARI RAO SRI.P.N.ANOOP RESPONDENTS/RESPONDENTS/COMPLAINANT -------------------------------------- 1. M.ABDULLA, S/O.MAMMUNHI, AGED 53 YEARS, PROPRIETOR, SUHANA WOOD WORKS, MANNAMKUZHI, UPPALA, KASARAGOD DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.L.JAYAWANTH FOR R1 PUBLIC PROSECUTOR: SRI K M FEROZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.R.P.No.1472 of 2010 and Crl.M.A.No.4444 of 2010 --------------------------------------- Dated this 30th day of April, 2010 ORDER This revision petition is in challenge of judgment of learned Sessions Judge, Kasaragod in Crl.Appeal.No.306 of 2008 confirming conviction of petitioner for offence punishable under section 138 of the Negotiable Instruments Act (for short, “the Act”) but modifying the sentence. Now the parties have settled the case outside court and filed Crl.M.A.No.4444 of 2010 to record the composition. 2. I have heard counsel on both sides. It is seen that the composition is voluntary. Offence under section 138 of the Act is made compoundable under section 147 of the Act. Hence Crl.M.A.No.4444 of 2010 is allowed and composition is recorded. Resultantly composition entered between the petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under section 320(8) of the Code of Criminal Procedure. Revision petition is disposed of accordingly. Crl.R.P.No.1472 of 2010 and Crl.M.A.No.4444 of 2010 : 2 : The petitioner who is in jail shall be released forthwith if not required to be detained otherwise. Issue orders to the learned Judicial First Class Magistrate-II, Kasaragod. (THOMAS P JOSEPH, JUDGE) Sbna/-