IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Crl.Rev.Pet.No. 215 of 2008() ----------------------------- CRA.46/2007 of ADDL. SESSIONS COURT, ALAPPUZHA CC.1205/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... REVN. PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------- V.C. LILY, AGED 50 YEARS, D/O. VARGHESE PAREKKATTIL, KANJIRAMCHIRA, ALAPPUZHA WORKING AS SWEEPER, MUNCIPAL OFFICE MAVELIKKARA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. GREGORY K.C., KALATHIL PARAMBIL SEA-VIEW WARD, ALAPPUZHA. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB R1 BY ADV. SMT.SARALA ARAVIND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 215 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2008 O R D E R This revision petition is directed against the concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I. Act. 2. When this revision petition came up for hearing, it is submitted at the Bar by counsel for the rival contestants that the matter has been settled and the offence has been compounded by the complainant. A joint compromise petition duly signed by the complainant and counter signed by the counsel for the rival contestants is also filed. The accused is in custody and he has not signed the application for composition. 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 under Section 138 of the N.I. Act is now compoundable after the amendment to the N.I. Act. I am Crl.R.P.No. 215 of 2007 2 satisfied, from the submissions made at the Bar and the joint statement filed by them, that the parties have settled their dispute amicably. I find no reason not to accept the composition. 4. In the result: (a) Crl.M.A.No. 837 of 2008 is allowed and the composition is accepted. (b) 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 Section 320(8) Cr.P.C. (c) Consequently, this revision petition is allowed. The impugned judgments are set aside. The petitioner is said to be in custody undergoing the impugned sentence. He shall forthwith be released from custody, if his detention is not required in connection with any other case. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT) Judge tm Crl.R.P.No. 215 of 2007 3