IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.Rev.Pet.No. 2732 of 2009() ------------------------------ CRA.574/2006 of ADDL. SESSIONS COURT (ADHOC)-II, TRIVANDRUM CC.396/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------ RAJA RAM S/o. LAKSHMANAN NADAR PAITHUVILA THENGUVILA KUZHIVILA PUTHEN VEEDU KOTTUKAL VILLAGE BY ADV. SRI.G.SUDHEER RESPONDENTS/RESPONDENTS/COMPLAINANTS: ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. RAVEENDRAN S/o. BHARGAVAN VADAKKEVILA THAIKOOTTATHU VEEDU BALARAMAPURAM PALLICHAL, NEYYATTINKARA ADV. SMT.M.JAYASREE FOR R2 PUBLIC PROSECUTOR: SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2732 of 2009 --------------------------------------- Dated this 24th day of August 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Thiruvananthapuram in Crl. Appeal No. 574 of 2006 confirming conviction and sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.2 filed Crl.M.A.No.8366 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.8366 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.8366 of 2009 is allowed. The composition entered between petitioner and respondent No.2 is accepted and that shall have the effect of acquittal of petitioner under Sec.320(8) of the Code of Criminal Procedure. 4. It is submitted by counsel for petitioner that petitioner is now undergoing imprisonment in Central Prison, Thiruvananthapuram. It is directed that petitioner shall be released from the jail if not required to be detained otherwise. Issue intimation to the Superintendent of Central Prison, Thiruvananthapuram forthwith. Crl.R.P.No.2732 of 2009 2 Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/