IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 CRL.REV.PET.NO. 2351 OF 2009(U) ----------------------------------------------- CRA.658/2007 OF ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.968/2002 OF JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: ------------------------------------------------------------- CHANDRASEKHARAN NAIR, KIZHAKKEKUTTA HOUSE, PARAMPUZHA P.O., VIJAYAPURAM, KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENT(S) - RESPONDENTS - COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. JAISSON, VETTIKUZHIYIL HOUSE, KULATHOOR KARA, KANAKKARI, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.DILEEP RAJ FOR R1 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2351 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-II), Kottayam in Crl. Appeal No.658 of 2007 confirming conviction but modifying sentence of petitioner 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.7145 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7145 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.7145 of 2009 is allowed. The composition entered between 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. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv