IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 CRL.REV.PET.NO. 790 OF 2004(C) --------------------------------------------- CRA.120/2001 OF ADDL. SESSIONS COURT (ADHOC)-II, ALAPPUZHA CC.149/1999 OF JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED. ------------------------------------------------------------------ SOMASEKHARAN PILLAI, PUTHENCHIRA, THAKAZHI P.O. ALAPPUZHA. BY ADV. SRI.P.VINODKUMAR RESPONDENT(S) - RESPONDENTS - COMPLAINANT - STATE: -------------------------------------------------------------------------- 1. P. SREENIVASAN NAIR, PADMAVILASAM, THEMADY, CHIRAYAKOM P.O. THAKAZHY. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANKULAM. ADV. SRI.B.RAMACHANDRAN FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.790 of 2004 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, in Crl. Appeal No.120 of 2001 confirming conviction and 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.7184 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7184 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.7184 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of the petitioner under Section 320(8) of Code of Criminal Procedure. 4. It is submitted by learned counsel for petitioner-accused that Rs.15,000/- (Rupees Fifteen thousand only) was deposited in the trial court pursuant to the order of this Court and that since the CRL. R.P. No.970 of 2004 -: 2 :- amount payable to respondent No.1 is already paid, petitioner may be permitted to withdraw the said amount. Counsel for respondent No.1 states that respondent No.1 has no objection in petitioner withdrawing the said amount. Hence it is directed that amount if any deposited by petitioner in the trial court pursuant to the order of this Court can be withdrawn by him on application. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv THOMAS P.JOSEPH, J. =================== CRL. R.P. NO. OF 2000 =================== O R D E R JUNE, 2009