IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Crl.Rev.Pet.No. 2058 of 2009 ------------------------------ CRA.254/2005 of ADDL. SESSIONS COURT (ADHOC), THODUPUZHA CC.647/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM .................... PETITIONER/APPELLANT/ACCUSED: --------------------- JOY, S/o KURIAN KARIKKILKATIL HOUSE NEDUMKANDOM P O CHAKKAKKANAM BHAGOM IDUKKI DT BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------- 1. SUNDARRAJ, CHERIYAPILLA NADAR KAKKARUVILAYIL VEEDU, NEDUMKANDOM KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS HIGH COURT OF KERALA ERNAKULAM ADV. SRI..ANOOP MATHEW FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/06/09 , THE COURT ON 29/06/2009 PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2058 of 2009 --------------------------------------- Dated this 29th day of June 2009 ORDER This revision is in challenge of judgment of learned Additional District & Sessions Judge, Adhoc-1, Thodupuzha in Crl. Appeal No. 254 of 2005 confirming conviction and sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.1 filed Crl.M.A.No.6245 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.6245 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.6245 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Sec.320(8) of the Code of Criminal Procedure. Crl.R.P.No.2058 of 2009 2 4. As per the terms of compromise the amount deposited by petitioner in the court of learned Judicial First Class Magistrate, Nedumkandom is to be given to respondent No.1. Learned counsel submits that Rs.5,000/- (Rupees Five Thousand Only) has been deposited in that court. It is made clear that amount if any deposited in the court of Judicial First Class Magistrate, Nedumkandom as per the order of Sessions Court, Thodupuzha in Crl. Appeal No.254 of 2005 can be withdrawn by respondent No.1. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/