IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 CRL.REV.PET.NO. 1698 OF 2009() ------------------------------ CRL.A.938/2007 OF ADDL. DISTRICT & SESSIONS JUDGE (FAST TRACK (ADHOC - II), KOZHIKODE, ST.1417/2006 OF JUDICIAL FIRST CLASS MAGISTRATE, KOZHIKODE. .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------------------------------------- SURESH KUMAR N.K., AGED 43 YEARS, S/O.KARUNAKARAN NAIR, SOORYA KANTHI, NANMINDA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. DHANASWARI CHITS (P) LTD., ROOM NO.C.23, 3RD FLOOR, MALABAR GATE RAM MOHAN ROAD, CALICUT-4, REP. BY ITS MANAGER, V.N.KUTTY, S/O.K.P.VASUDEVAN NAIR, AGED 53 YEARS. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.B.SAJEESH FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1698 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of June, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional District & Sessions Judge (Fast Track Adhoc-III), Kozhikode in Crl. Appeal No.938 of 2007 confirming conviction and sentence 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.5177 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5177 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.5177 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 Code of Criminal Procedure. 4. It is submitted by counsel on both sides that pursuant to the order of the appellate court Rs.20,000/- (Rupees Twenty thousand CRL. R.P. No.1698 of 2009 -: 2 :- only) was deposited by the petitioner. Counsel for respondent No.1 submitted that respondent No.1 may be permitted to withdraw the said amount. Counsel for petitioner has no objection in respondent No.1 withdrawing the said amount. Respondent No.1 is permitted to withdraw the amount of Rs.20,000/- (Rupees Twenty thousand only), if any deposited by the petitioner pursuant to the order of the appellate court. 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