IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Crl.Rev.Pet.No. 2667 of 2006() ------------------------------ CRA.216/2000 of ADDL. SESSIONS COURT (ADHOC), THALASSERY CC.50/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- K.L.LAKSHMANAN, S/O.KUTTAN, PROFESSOR, SRIKRISHNA COLLEGE, GURUVAYOOR. BY ADV. SRI.S.SREEKUMAR SRI.P.K.SOYUZ RESPONDENT(S): COMPLAINANT -------------------------- 1. K.C.NANU, S/O.KELAN, CHENDAYA, PUTTUR AMSOM, CHENDAYUR DESOM, CHENDIYOOR.P.O, THALASSERY. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.R.PARTHASARATHY FOR R1 SRI.R.K.MURALEEDHARAN FOR R1 SRI.A.RADHAKRISHNAN NAIR FOR R1 PUBLIC PROSECUTOR SRI.VENUGOPAL.M.R.-R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON 06/08/2010 PASSED THE FOLLOWING: V.K.MOHANAN ----------------------------------- Crl.R.P.No.2667 of 2006 ---------------------------------------- Dated this the 6th day of August, 2010 ORDER The revision petitioner is the accused in a prosecution for the offence under section 138 of the N.I. Act and the trial court as well as the lower appellate court found that the accused is guilty and accordingly he is convicted and sentenced for the said offence. 2. Today by a separate order, in Crl.M.A.No. 7516/2010, this court allowed the parties to compound the offence and accordingly, the composition of the said offence is recorded. In the light of the composition of the offence between the contesting parties, I am of the view that this Crl.R.P can be allowed, acquitting the accused in terms of Section 320(8) of Cr.P.C. 3. In terms of the clause contained in paragraph 3 of the compounding petition, the accused in the revision petitioner is entitled to withdraw the amount deposited by him before the court of Addl. Chief Judicial Magistrate Court, Thalssery in pursuance to the direction issued by this Crl.R.P.No.2667 of 2006 2 court while suspending the execution of the sentence. As the revision petitioner, is acquitted in terms of the compounding petition he is free to withdraw the amount if any, deposited in the said court as per order dated 4.8.2006 in Crl.M.A.No.7611/2006 and if the said amount is retained there. Therefore, there will be a direction to the learned Magistrate to release the said amount on the application of the revision petitioner. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 31.07.2000 in C.C.No.50/99 of the Addl. Chief Judicial Magistrate Court, Thalassery and the judgment dated 5.7.2006 in Crl.A.No.216 of 2000 of the court of the Additional Sessions Court (Adhoc-I), Thalassery and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE Crl.R.P.No.2667 of 2006 3 V.K.MOHANAN, J. ----------------------------------- Crl. M.A.No. 7516 of 2010 in Crl.R.P.No. 2667 of 2006 ---------------------------------------- Dated this the 6th day of August, 2010. ORDER This is a petition filed under Section 147 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') to compound the offence under Section 138 of the N.I.Act. The dispute is the subject matter of the Crl.R.P. In the petition, it is stated that the disputes between the petitioner/accused and the respondent/complainant have been amicably settled and in view of the amicable settlement between the parties, the respondent/complainant do not propose to prosecute the petition any more. At the time of mediation, the matter was settled between the parties taking note of the payments already made by the petitioner/accused and on the petitioner agreeing to pay the balance amount of Rs.70,000/- on 17.5.2010. The petitioner has paid the balance amount of Rs.70,000/- and the respondents have agreed to compound the offence. The petitioner/accused is Crl.R.P.No.2667 of 2006 4 entitled to withdraw the amount deposited before the Additional Chief Judicial Magistrate Court, Thalassery pursuant to the direction of this Court while suspending the execution of the sentence. 2. I have gone through the compounding petition and I am satisfied with the terms and conditions incorporated therein and the petition is signed by both the revision petitioner and the first respondent/ complainant and countersigned by their respective counsel. From the report of the Kerala State Legal Services Authority, it appears that the matter was settled before 8.4.2010. By order dated 30.6.2010, considering the discretion granted to this Court by the Apex Court in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457], the condition stipulated therein for the payment of 15% of the cheque amount in the KELSA was dispensed with by this Court. As I am satisfied with the terms and the averments contained in the compounding petition, which is signed by the revision petitioner as well as the first respondent and Crl.R.P.No.2667 of 2006 5 countersigned by their respective counsel, permission is granted to compound the above offence and the composition is recorded. V.K.MOHANAN, JUDGE pm/