IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.Rev.Pet.No. 1504 of 2001(A) ------------------------------ CRA.445/2000 of ADDL.SESSIONS COURT-II, KOZHIKODE CC.666/1997 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- MOIDEEN KOYA HAJI, S/O.ALI KOYA, CHIRAKKAL HOUSE, KARUVASSERY, KOZHIKODE. BY ADV. SRI.N.M.JAMES RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------- 1. CHEMBUNKANDY ABDUL MAJEED, S/O. ABOO, PANNIYANKARA P.O., KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.MOHANAN V.T.K. R2 BY PUBLIC PROSECUTOR, SRI.AMJETH ALI. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 1504 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2008. ORDER Petitioner was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act at the instance of respondent No.1 herein. The courts below have concurrently found him guilty and he now stands sentenced to undergo simple imprisonment for 6 months as modified by the appellate court. 2. When this revision petition came up for consideration yesterday, it was submitted by learned counsel for the parties that the matter had been settled between the complainant and the accused. According to them, a petition for composition of the offence under Section 147 of the Act was in fact prepared and signed by the parties and the respective counsel appearing for them before this Court. A photocopy of the compounding petition was made available for perusal. It is seen that the parties and the respective counsel had signed in the petition for composition. 3. But both sides admitted that the complainant is no more. It appears that he passed away some time in November 2007. Sri.V.T.K.Mohanan learned counsel for the complainant had sought for an adjournment to contact his counter part in the lower court and confirm whether the matter had been settled. 4. Today learned counsel for the parties have been heard further. Sri.Mohanan submits that he has been informed that the matter had been settled. The complainant himself had signed the Crl.RP.1504/2001. 2 application for composition. Sri. Mohanan further admits that the application for composition dated June 14, 2005 a photocopy of which is now made available for perusal was in fact signed by him as instructed by his client. In that view view of the matter I am satisfied that the said application for composition can be accepted and allowed. Ordered accordingly. Therefore the accused is acquitted. Crl.R.P. is closed. Photocopy of the compounding petition dated June 14, 2005 shall form part of the record. A.K. Basheer Judge. an.