IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1755 of 2004(D)
1. K.V. MADHUSOODANAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. PERINGOTTUKARA FINANCE & INVESTMENT
For Petitioner :SRI.P.CHANDY JOSEPH
For Respondent :SRI.N.J.JOHNSON
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2006
O R D E R
R.BASANT, J.
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Crl.R.P.NO. 1755 OF 2004
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Dated this the 19th day of December, 2006.
ORDER
This Revision Petition is directed against a concurrent
verdict of guilty, conviction and sentence imposed on the
petitioner in a prosecution under Section 138 of the Negotiable
Instruments Act. The respondent has also entered appearance
through counsel.
2. When this revision petition came up for hearing, the
learned counsel for the petitioner and the respondent have
submitted that the matter has been settled amicably between the
parties. They have filed a joint application for composition duly
signed by the rival contestants and counter signed by the
respondent’s counsel. 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 punishable under Section 138 of the N.I
Act is now compoundable after amendment to the N.I Act. I am
satisfied, from the submissions made by the counsel as also the
joint statement filed by them, that the parties have settled their
dispute amicably. I find no reason not to accept the composition.
Crl.R.P.No.1755/04 2
The composition can now be accepted and granted requisite
leave under Section 320(6) Cr.P.C.
4. In the result:
i) Crl.M.A.No.12887 of 2006 is allowed and the
composition is accepted after granting the requisite leave;
ii) 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 Sec.320(8) of the
Cr.P.C;
iii) This revision petition is accordingly allowed. The
impugned judgments are set aside. The bail bond executed by
the accused shall stand discharged and he is set at liberty.
5. It is submitted that an amount of Rs.21,834/- (Rupees
twenty one thousand eight hundred and thirty four only) is in
deposit before the learned Magistrate. Both counsel pray that
the said amount may be directed to release to the
accused/revision petitioner herein. The said request is accepted.
The amount, if available in deposit, shall be released to the
accused/revision petitioner herein by the learned Magistrate.
(R.BASANT,JUDGE)
jsr
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Crl.R.P.No.1755/04 4
R.BASANT, J.
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Crl.R.P.NO. 304 OF 2006
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Dated this the 26th day of June, 2006.
ORDER
(R.BASANT, JUDGE)
rtr/
5. An amount of Rs.20,000/- is said to be deposited before the
trial court. Both counsel prays that the same amount may be
released to the revision petitioner/accused. The request is
accepted. If the amount is available, the same shall be released
to the accused / petitioner herein