IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 CRL.REV.PET.NO. 2283 OF 2009() --------------------------------------------- CRA.862/2007 OF ADDL. SESSIONS COURT, THRISSUR CC.1044/2005 OF JUDL. MAGISTRATE OF FIRST CLASS COURT- I,CHALAKUDY .................... REVN. PETITIONER(S): PETITIONER/ACCUSED --------------------------------------------------------------- KUTTAPPAN,AGED 64 YEARS,S/O.KANDAN, KUTHIRAVATTATH, KALLOOR VADAKKUMURI VILLAGE, KADUKUTTY,THRISSUR DISTRICT. BY ADV. SRI.JOHN NUMPELI (JUNIOR) SRI.P.V.PAULSON RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------------------------------------------------------------- 1. UNNIKRISHNAN,S/O.PARAMASHWARA MENON, KAPPILIATH HOUSE,KAKKULISSERY VILLAGE,IRANIKULAM, THRISSUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,ERNAKULAM. ADV. SRI.P.L.JOY FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FORCE ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2283 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, Thrissur in Crl. Appeal No.862 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.6891 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.6891 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.6891 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