Conviction and sentence under Section 138 of the Negotiable Instruments Act are under challenge in this revision. Pending the proceedings, the parties settled the dispute amicably out of court and compounded the offence. The complainant has filed statement that he has received the entire amount due, and that he does not want to prosecute the matter. In view of the compromise he has made a request to accept the statement as composition. The revision petitioner has also filed Crl.M.A No.3830/2014 for permission to withdraw the amount deposited by him in the court below as a condition for suspension of sentence. This application is not opposed by the complainant, who has already received the entire amount directly from the revision petitioner. In the above circumstances, the composition is accepted and permission is granted under Section 320(6) Cr.P.C. The revision petitioner is allowed to withdraw the amount of ₹35,000/- deposited by him in the court below as a condition for suspension of sentence. In Crl.R.P No.1117 of 2014 2 view of the composition, the conviction and sentence against the revision petitioner under Section 138 of N.I Act in C.C.No.961/2005 of the Judicial First Class Magistrate Court-I, Kollam are hereby set aside and the revision petitioner is released from prosecution on the benefit of acquittal under Section 320(8) Cr.P.C. The bail bond executed by the revision petitioner will stand discharged.
Sd/- P.UBAID JUDGE //True Copy// P.A to Judge ab