IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.Rev.Pet.No. 91 of 2008() ---------------------------- CRA.135/2006 of III ADDL.SESSIONS COURT, ERNAKULAM CC.508/2002 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------- SHAJI @ PRADEEP, S/O GANGADHARAN, AGED 40 YEARS, CHANGANATTU VEEDU, VADAKKUMBHAGAM KARA, NADUMURI, MANJAPRA VILLAGE, ALUVA TALUK. BY ADV. SRI.T.K.SAJEEV RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. OUSEPH, S/O DEVASSY, AGED 61 YEARS, POTHAN HOUSE, CHELAMATTAM KARA, OKKAL VILLAGE, ERNAKULAM DIST. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.M.V.JOY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14.1.08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` Crl.R.P. No. 91 OF 2008 ```````````````````````````````````````````````````` Dated this the 14th day of January, 2008 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 N.I. Act. 2. When this revision petition came up for hearing, it is submitted at the Bar by counsel for the rival contestants that the matter has been settled and the offence has been compounded by the complainant. A joint compromise petition duly signed by the rival contestants and counter signed by their respective counsel is also filed. 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 under Section 138 of the N.I. Act is now compoundable after the amendment to the N.I. Act. I am satisfied, from the submissions made at the Bar and the joint statement filed by them, that the parties have settled their CRRP.91/08 : 2 : dispute amicably. I find no reason not to accept the composition. 4. In the result: (a) Crl.M.A.388/08 is allowed and the composition is accepted. (b) 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 Section 320(8) of the Cr.P.C. (c) Consequently, this revision petition is 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) aks