The composition of the offence under Section 138 of the N.I. Act can lead to the acquittal of the accused as per the provisions of Sec. 320(8) of the Cr.P.C.

Headnote:
N.I. Act - Section 138 - Composition of Offence - The court accepted the composition between the parties, leading to the acquittal of the accused as stipulated under Sec. 320(8) of the Cr.P.C.
Fact of the Case:

The revision petition was filed against a guilty verdict under Section 138 of the N.I. Act. However, the matter was settled and the offence was compounded by the complainant, as evidenced by a joint compromise petition.
Finding of the Court:

The court accepted the composition and acquitted the accused, as the parties had settled their dispute amicably.
Issues: The main issue was the acceptance of the composition and its effect on the accused's conviction under Section 138 of the N.I. Act.
Ratio Decidendi: The court found that the composition between the parties, as per the amendment to the N.I. Act, led to the acquittal of the accused as stipulated under Sec. 320(8) of the Cr.P.C.
Final Decision: The court allowed the composition, leading to the acquittal of the accused and setting aside the impugned judgments.

Judgment :-

This revision petition is directed against a 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 rival contestants and counter signed by their respective counsel is also filed. 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 Sec. 138 of the N.I. Act is now compoundable after the amendment to the N.I. Act. I am 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. CRL.R.P.NO. 186 OF 2007 2

4. In the result:

(a) Crl.M.A.No.611 of 2007 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 Sec. 138 of the N.I. Act as stipulated under Sec.320 (8) of the Cr.P.C.

(c) Consequently, this revision petition is allowed. The impugned judgments are set aside. The bail bond executed by the accused shall stand discharged and he is set at liberty.

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2007 Supreme(Ker) 32

Judges : R.BASANTV.Mohandas - AppellantVersusMeena Iyyer - RespondentCase No : Crl.Rev Pet No.186 of 2007Decided On : 01/12/2007Advocates Appeared : For the Petitioner: K.P. Bala gopal, Advocate. For The Respondent: Suresh Kumar Kodoth, Advocate.

The composition of the offence under Section 138 of the N.I. Act can lead to the acquittal of the accused as per the provisions of Sec. 320(8) of the Cr.P.C.

Judges : R.BASANT
V.Mohandas - Appellant
Versus
Meena Iyyer - Respondent
Case No : Crl.Rev Pet No.186 of 2007
Decided On : 01/12/2007
Advocates Appeared :
For the Petitioner: K.P. Bala gopal, Advocate. For The Respondent: Suresh Kumar Kodoth, Advocate.