IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Crl.Rev.Pet.No. 1357 of 2009() ------------------------------ CRA.466/2005 of ADDL. SESSIONS COURT FAST TRACK-I, TRIVANDRUM CC.712/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ------------------------------------------------- K.BALAKRISHNAN NAIR,S/O.KUTTAN NAIR, VANCHI VEEDU,MALLOR ROAD,OLD G.P.O LANE, VANCHIYOOR,THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ARUN KUMAR SMT.M.N.MAYA RESPONDENT(S): RESPONDENTS/COMPLAINANT -------------------------------------- 1. BHARATHANNOOR BALAN @ P.BALAKRISHNAPILLAI,BHARATHAM,ALUMPURAM LANE, MUDAVANMUGAL,POOJAPPURA.PO,THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.M.A.PRABHU FOR R1 PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1357 of 2009 -------------------------------------- Dated this the 30th day of June, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Fast Track Court-I, Thiruvananthapuram in Crl.Appeal No.466 of 2005 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.6141 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6141 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.6141 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