IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.Rev.Pet.No. 246 of 2008() ----------------------------- CRA.579/2004 of ADDL. SESSIONS COURT (ADHOC)-II, PALAKKAD ST.2658/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER: APPELLANT/ACCUSED ------------------ K.K.SUSEELAN, S/O.KOCHUKITTAN, ABT PARCEL SERVICE AGENT, VI/371, PALAKKAD ROAD, KOZHINJAMPARA, PALAKKAD DISTRICT. BY ADV. SRI.K.P.BALAGOPAL RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE ------------- 1. T.T.WILLIAMS, S/O.T.J.THOMAS, THIKKADAN HOUSE, ALAMPADI, VALIYAVALLAMPATHY, KOZHINJAMPARA, PALAKKAD. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB R1 BY ADV. SRI.SURESH KUMAR KODOTH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.R.P.No.246 of 2008 ------------------------------------- Dated this the 1st day of February, 2008 O R D E R This Revision Petition is directed against a concurrent verdict of guilty, conviction and sentence imposed on the petitioner in a prosecution under Section 138 of the Negotiable Instruments Act. The respondent has also entered appearance through counsel. 2. When this revision petition came up for hearing, the learned counsel for the petitioner and the respondent have submitted that the matter has been settled amicably between the parties. They have filed a joint application for composition duly signed by the rival contestants and counter signed by the respective counsel. The learned counsel for the respondent/complainant vouches that the signature appearing in the application for composition is that of the complainant. 3. The offence punishable under Section 138 of the N.I Act is now compoundable after amendment to the N.I Act. I am satisfied, from the submissions made by the counsel as also the joint statement filed by them, that the parties have settled their Crl.R.P.No.246 of 2008 2 dispute amicably. I find no reason not to accept the composition. The composition can now be accepted and granted requisite leave under Section 320(6) Cr.P.C. 4. In the result: i) Crl.M.Appl.No.917 of 2008 is allowed and the composition is accepted after granting the requisite leave; ii) 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 Sec.320(8) of the Cr.P.C; iii) This revision petition is accordingly allowed. The impugned judgments are set aside. The bail bond executed by the accused shall stand discharged and he is set at liberty. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/- Crl.R.P.No.246 of 2008 3