IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Crl.Rev.Pet.No. 1628 of 2009() ------------------------------ CRA.177/2008 of ADDL.SESSIONS COURT, KOTTAYAM ST.307/2005 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- P.SASIKUMAR, S/O.PARAMESWARAN NAIR, KARTHIKA, VELLOOR P.O., PAMPADY. BY ADV. SRI.MATHEW PHILIP RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- 1. GEORGE JOSEPH, S/O.THOMAS JOSEPH, THEKKANATTU HOUSE, PERUMBAIKATTUSSERRY KARA, PERUMBAIKADU VILLAGE, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.S.JAYAKRISHNAN FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1628 of 2009 -------------------------------------- Dated this the 26th day of May, 2009. ORDER Respondent No.1 appears through counsel. Public Prosecutor takes notice for respondent No.2. 2. Revision is against conviction of the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) and sentence as modified by the appellate court as simple imprisonment till rising of the court and payment of fine of Rs.50,000/-. 3. Petitioner and respondent No.1 have filed Crl.M.A.No.4954 of 2009 reporting settlement out of court and requesting permission to compound the offence. Application shows that the compromise is voluntarily. Offence under Section 138 of the Act is made compoundable under Section 147 of the Act. Hence I am inclined to grant permission sought for. Accordingly Crl.M.A.No.4954 of 2009 is allowed. That shall have the effect of acquittal of petitioner under Section 320 (8) of the Code of Criminal Procedure. Revision petition is disposed of accordingly. THOMAS P.JOSEPH, Judge. cks