IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 CRL.REV.PET.NO. 1662 OF 2009() ------------------------------------------------- CRA.356/2006 OF ADDL.SESSIONS COURT (ADHOC)III, MANJERI ST.624/2005 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... REVN. PETITIONER(S): APPELLANT ---------------------------------------------------- J. RAJENDRAN, S/O. JANARDHANAN, MADHARI HOUSE, EDAKKARA.P.O, NILAMBUR TALUK. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------------------- 1. K.C. SUNIL, S/O. THAMBI, KALAYIPARAMBIL HOUSE, MODAPOZHIKA, MARIVALAMUNDA, VAZHIKKADAVU AMSOM, NILAMBUR TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KEREALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN R2 SRI.M.SHAJU PURUSHOTHAMAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1662 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of May, 2009 O R D E R -------------- This revision petition is in challenge of the judgment of learned Additional Sessions Judge (Fast Track Court-III), Manjeri in Crl. Appeal No.356 of 2006 confirming conviction and sentence except for default 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.5048 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5048 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.5048 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. CRL. R.P. No.1662 of 2009 -: 2 :- 4. It is submitted by counsel for petitioner that as per the order of appellate court petitioner has deposited Rs.10,000/- in the trial court. Petitioner seeks permission to withdraw that amount. Request is not opposed by counsel for respondent No.1. Hence petitioner is permitted to withdraw the amount if any deposited by him in the trial court as per the order of appellate court. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv