IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.Rev.Pet.No. 1723 of 2006() ------------------------------ CRA.920/2003 of ADDL.SESSIONS COURT, N.PARAVUR CC.776/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- LONAPPAN, THOLATH HOUSE, K.M.2/443, EDAPPALLY NORTH P.O., V.P. MARAKAR ROAD. BY ADV. SRI.K.A.ALIYAR SRI.SHABEEB ALIYAR SRI.PRASUN.S RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. C.M. YACOB, S/O. C.M. MOHAMMED, CHALUMKANDATHIL HOUSE, THAIKKATTUKARA, ALUVA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.V.K.VEERAVUNNY FOR R1 PUBLIC PROSECUTOR SHRI RAVINDRA BABU FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1723 of 2006 -------------------------------------- Dated this the 4th day of June, 2009. ORDER This revision is in challenge of the judgment of learned Additional Sessions Court, North Parur confirming conviction of the petitioner but modifying sentence for the 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.5096 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.5096 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.5096 of 2009 is allowed. The composition entered between the petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of the petitioner under Section 320(8) of the Code of Criminal Procedure. 4. As per terms of the settlement between the parties the sum of Rs.1,00,000/- ( Rupees one lakh only) said to be deposited by the petitioner in the court of Judicial First Class Magistrate-I, Aluva is to be returned to the Crl.R.P.No.1723/2006 2 petitioner. Counsel for respondent No.1 has no objection to the said amount being returned to the petitioner. Hence it is directed that the amount if any deposited by the petitioner in the trial court will be returned to him on application. Revision Petition is disposed of as above. Crl.M.A.No.4783 of 2006 will stand dismissed. THOMAS P.JOSEPH, Judge. cks