M T NOUSHAD Vs. VINAYAKA MUTUAL FUND

JUDGEMENT

(1.) THIS revision is in challenge of the judgment of learned Sessions Judge, kottayam in Crl. Appeal No. 707 of 2003 confirming conviction and sentence for offence punishable under Section 138 of the Negotiable Instruments Act (for short, "the Act" ).

(2.) PETITIONER and respondent No. 1 filed Crl. M. A. No. 5302 of 2009 reporting settlement and seeking permission to compound the offence.

(3.) IT is seen from application No. 5302 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 Section 138 of the Act is made compoundable under section 147 of the Act. Hence permission is granted and Crl. M. A. No. 5302 of 2009 is allowed. The composition entered between the petitioner and respondent No. 1 is accepted and that shall have the effect of acquittal of the petitioner under Section 320 (8) of Code of Criminal Procedure. It is submitted by counsel for petitioner that petitioner is undergoing imprisonment in the Central Prison, thiruvananthapuram. Therefore, it is directed that the petitioner will be released from the jail forthwith if not required to be detained otherwise. Issue intimation to the Superintendent of Central Prison, thiruvananthapuram. Criminal Revision Petition is disposed of as above.