P.D Rajan, J.:— This revision petition is preferred by the accused against the judgment in Crl. Appeal No. 24/2009 of Additional Sessions Judge, Kottayam. He was the accused in S.T No. 980/2006 of Judicial First Class Magistrate Court-III, Kanjrappally, which was filed u/s. 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘N.I Act’). The learned Magistrate convicted the accused u/s. 138 of the N.I Act and sentenced to simple imprisonment for one year and directed to pay compensation of 75,700/- u/s. 357(3) Cr. P.C, in default simple imprisonment for three months. Against that, he preferred the above appeal before Additional Sessions Court, Kottayam, where the learned Sessions Judge modified the sentence. Being aggrieved by that, the accused preferred this revision petition.
2. When the matter came up for hearing, the learned counsel for the revision petitioner submitted that the revision petitioner has settled the matter with the 3rd respondent. The dispute was with the Meenachil Co-operative Agricultural and Rural Development Bank Ltd. No. 197, which was bifurcated and named as Kanjirappally Agricultural and Rural Development Co-operative Bank represented by its Secretary. The 3 respondent submitted that he has no objection in settling the matter and both parties filed Crl. M.A No. 1492/2017 for compounding the offence. When parties are settling the matter, this Court has no objection in allowing the compromise petition. According to Section 147 of the N.I Act, notwithstanding anything contained in the Code of Criminal Procedure 1973, every offence punishable under the N.I Act shall be compoundable. According to Section 320(6), a High Court or Court of Sessions in exercise of its powers of revision under Section 401, may allow any person to compound any offence which such person is competent to compound under this section. When the composition of offence under the Section is made, it shall have the effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) Cr. P.C
3. In view of the compromise, the conviction and sentence passed by the Judicial First Class Magistrate Court-III, Kanjirappally under Section 138 of N.I Act are set aside. Accused is acquitted and set at liberty. In view of the decision of the Apex Court in Damodar S. Prabhu v. Sayed Babulal ((2010) 5 SCC 663 : AIR 2010 SC 1907), the revision petitioner is directed to pay Rs. 500/- to the High Court Legal Service Committee within one week from today.
4. Crl. R.P is disposed of as above.
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