IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.Rev.Pet.No. 6 of 2008() --------------------------- CRA.863/2006 of SPL.COURT SPE/CBI-II & IV ADDL.SESSIONS COURT, ERNAKULAM ST.3196/2004 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------- SHAJAN PETER, S/O.PATHROSE M.M., MUKKATH HOUSE, VAIKKARA, NOW RESIDING AT JAIRAJ DESIGN HOME PVT.LTD., D-3RD FLOOR, THRIKKAKARA P.O. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE -------------------------------------------- 1. GIGY PAUL K., S/O.POULOSE, KALARICKAL HOUSE, VAIKKARA P.O., KURUPPAMPADY, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB R1 BY ADV. SRI.M.KABANI DINESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/01/2008, A/W. CRRP 7 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.Nos. 6 & 7 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2008 O R D E R These revision petitions are directed against the concurrent verdicts of guilty, conviction and sentence in two separate prosecutions under Section 138 of the N.I. Act. 2. When these revision petitions 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. Joint compromise petitions duly signed by the rival contestants and counter signed by their respective counsel are also filed. The learned counsel for the respondent/ complainant vouches that the signature appearing in the applications 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 statements filed by them, that the parties have settled their dispute amicably. I find no reason not to accept the composition. Crl.R.P.Nos. 6 & 7 of 2007 2 4. In the result: (a) Crl.M.A.Nos. 13501 and 13502 of 2007 are 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) Cr.P.C. © Consequently, these revision petitions are allowed. The impugned judgments are set aside. The bail bond executed by the accused shall stand discharged and he is set at liberty. (d) It is submitted that an amount of Rs.70,000/- is available in deposit before the learned Magistrate. The parties agree and it is accordingly directed that the said amount shall be released to the accused/revision petitioner herein. (R. BASANT) Judge tm