IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34678 of 2003(C) -------------------------------------- PETITIONER(S): ---------------------- JOSEPH MANI, S/O. MANI, AGED 64 YEARS, RESIDING AT MANNOORETTANNIL HOUSE, PLASANAL P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SEBASTIAN MATHEW, RESIDING AT POTHIOOYITTEL HOUSE, VEMPALLY, KOTTAYAM (DIST.). GOVERNRMENT PLEADER SRI.GIKKU JACOB FOR R1 ADV. SRI.MATHEWS J.NEDUMPARA FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 34678/2003-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DATED 11/09/1996 FILED BY 2ND RESPONDENT BEFORE THE JUDICIAL IST CLASS MAGISTRATE COURT, PALA. EXT.P2: COPY OF THE JUDGMENT DATED 07/12/1999 IN S.T.2954/96 OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE I CLASS, PALAI. EXT.P3: COPY OF THE ORDER DATED 20/05/2002 IN CRL.R.P.NO.8/2000 OF THE SESSIONS COURT, KOTTYAM. EXT.P4: COPY OF THE ORDER DATED 29/10/2002 IN S.T.2954/96 OF THE COURT OF THE JUDICIAL I CLASS MAGISTRATE, PALA. EXT.P5: COPY OF THE ORDER DATED 13/06/2002 IN CRL.R.P.NO.48/2002 OF THE COURT OF SESSIONS, KOTTAYAM DIVISION. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 34678 of 2003 C - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2008 JUDGMENT The petitioner faced indictment in a prosecution under Section 138 of the N.I. Act. He was found guilty, convicted and sentenced. He accepted the verdict of guilty, conviction and sentence. The complainant challenged the sentence in a revision petition instituted before the Sessions Court. That challenge was upheld and the matter was sent back to the court below to impose a proper sentence. Against the sentence imposed later by the learned Magistrate, the petitioner/ accused approached the Sessions Court. The challenge was turned down. As a second revision is not maintainable, the petitioner has come to this Court with this writ petition. 2. During the pendency of this writ petition the parties have settled their disputes. A joint application for composition duly signed by the parties and counter signed by the respective counsel was filed. W.P.C.No. 34678 of 2003 2 3. The offence under Section 138 of the N.I. Act is now compoundable now. I am, in these circumstances, satisfied, that the composition can be accepted and this writ petition allowed. 4. In the result: (a) I.A.No. 14613 of 2008 is allowed and the composition of the offence under Section 138 of the Act by the respondent/complainant 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) Cr.P.C. © Consequently, this writ petition is allowed. The impugned verdict of guilty, conviction and sentence against the petitioner are set aside. (R. BASANT) Judge W.P.C.No. 34678 of 2003 3 tm