IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 CRL.REV.PET.NO. 1118 OF 2007() ------------------------------------------ (CRL. APPEAL NO.573 OF 2006, DISTRICT AND SESSIONS COURT, ERNAKULAM C.C. NO.1614 OF 2000, CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM) REVN. PETITIONER(S): APPELLANT/IST ACCUSED --------------------------------------------------------------------- SASIDHARAN, S/O.NARAYANAN NAIR, AGED 44, MANAGING PARTNER, GOOD TIME AGENCIES, MANNUTHI P.O., NETTISSERY, TRICHUR. BY ADV. SRI.SABU FRANCIS RESPONDENT(S): COMPLAINANT & STATE ----------------------------------------------------------- 1. SWISS TIME & ELECTRONICS, PROP.K.M.MOHAMMED HABEEBULLAH, BROADWAY, ERNAKULAM, KOCHI-31. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.C.S.ABDUL SAMMAD FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1118 of 2007 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Sessions Judge-V, Ernakulam in Crl. Appeal No.573 of 2006 confirming conviction but modifying 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.7220 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7220 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.7220 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. As per the settlement reached between petitioner and respondent No.1, it is reported that respondent No.1 has already CRL. R.P. No.1118 of 2007 -: 2 :- received Rs.15,000/- (Rupees Fifteen thousand only) from petitioner on 8.7.2009. According to the petitioner he has deposited Rs.70,000/- (Rupees Seventy thousand only) in the trial court pursuant to the order of learned Sessions Judge-V, Ernakulam. Petitioner has no objection in respondent No.1 withdrawing the said amount. Accordingly it is directed that the amount of Rs.70,000/- (Rupees Seventy thousand only) if deposited by petitioner in the trial court can be withdrawn by respondent No.1. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv