IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Crl.Rev.Pet.No. 647 of 2004() ----------------------------- CRA.131/2001 of SESSIONS COURT, KASARAGOD CC.423/1998 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- P.A.RIYAS, AGED 34 YEARS, S/O. LATE P.A.ABOOBACKER, NEAR PETLA JUMATH MOSQUE, PATLA VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): RESPONDENTS/COMPLAINANTS AND STATES -------------------------------------------------- 1. B.UDAYAKUMAR, S/O..VENKATARAMA BHAT, AMANGOOR, KASARAGOD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.R.PADMAKUMARI FOR R1 PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.647 of 2004 -------------------------------------- Dated this the 21st day of August, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge, Kasaragpd in Crl.Appeal No.131 of 2001 confirming conviction but modifying sentence of petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). 2. Petitioner and respondent No.1 filed Crl.M.A.No.7997 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7997 of 2009 that parties have settled the dispute out of court. There is no reason to think that the composition is not voluntary. Offence under Section 138 of the Act is made compoundable under Section 147 of the Act. Hence permission is granted and Crl.M.A.No.7997 of 2009 is allowed. The composition entered between 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. 4. It is submitted by counsel on both sides that as per order of this Court petitioner has deposited Rupees one lakh in the court of learned Chief Judicial Magistrate, Kasaragod and that as per the settlement that amount has to go to respondent No.1. Petitioner has no objection in respondent No.1 Crl.R.P.No.647/2004 2 withdrawing the said amount. Hence it is directed that the amount if any deposited by petitioner in the court of learned Chief Judicial Magistrate, Kasaragod as per order of this Court will be paid to respondent No.1 on application. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks