IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.Rev.Pet.No. 50 of 2009() ---------------------------- CRA.446/2008 of THE ADDL.SESSIONS COURT (AD HOC-II), ERNAKULAM CC.534/2004 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, MUVATTUPUZHA .................... REVN. PETITIONER(S): --------------------- MARTIN GEORGE, AGED 37 YEARS, S/O. VARKEY, OLIMALAYIL HOUSE, VAZHAPPILLY KARA, MUDAVOOR, MUVATTUPUZHA. BY ADV. SRI.IEANS.C.CHAMAKKALA RESPONDENT(S): --------------- 1. JACOB KURIAN, S/O.KURIAN, MANAYANIPPURATH HOUSE, CHENKARA, BHOOTHATHANKETTU. 2. STATE OF KERALA REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT.REKHA C. NAIR SRI.MANUEL THOMAS FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.50 OF 2009 ----------------------------------- Dated this the 23rd day of September, 2011 O R D E R Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, for short, the 'N.I.Act', concurrently by the two courts below. After filing of the revision and pursuant to reference to Mediation to the Kerala Mediation Centre, the parties to the proceedings have settled the disputes entering into certain terms which are reflected in the compromise petition filed by them before this Court. Compromise entered by the parties provide for deposit of a substantial portion of the amount within the time fixed before the Magistrate court and, thereafter, the balance amount due directly to the 1st respondent/complainant. It is submitted that the entire amount as agreed upon by the terms of settlement had been cleared off by deposit and subsequent payment directly to the 1st respondent/complainant. The only request made at this stage by the counsel for the 1st respondent/complainant is Crl.R.P.NO.50/2009 2 according of permission for getting release of the amount already deposited in terms of the compromise and also by orders of this Court for suspension of the sentence, before the learned Magistrate. As the parties have settled the matter pursuant to mediation as indicated above, I find, the offence involved can be treated as compounded though no petition thereof had been filed jointly by the parties to the proceedings. Conviction and sentence imposed against the petitioner, in the aforesaid circumstances, are set aside and he is acquitted of the offence under Section 138 of the N.I.Act. Complainant is allowed to get release of the amount deposited before the court below. With the above direction, the revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.NO.50/2009 3