IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Crl.Rev.Pet.No. 2478 of 2009() ------------------------------ CRA.707/2006 of ADDL. SESSIONS COURT, FAST TRACK COURT-II, ALAPPUZHA CC.197/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II,ALAPPUZHA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ---------------------------------------------------------- THILAKAN, AGED 34 YERS, KARUNAKARAN, CHULLIYIL CHETHY PO, CHERTHALA. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------------- 1. M/S.AISWARYA TRUST, KANICHUKULANGARA REP.BY ITS SECRETARY, D.RADHAKRISHNAN, AGED 57 YRS. 2. STATE OF KERALA, REP.BY THE CHIEF SECRETARY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.C.A.RAJEEV FOR R1 PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2478 of 2009 -------------------------------------- Dated this the 3rd day of August, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Fast Track Court No.II, Alappuzha in Crl.Appeal No.707 of 2006 confirming conviction and 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.7523 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7523 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.7523 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks