IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 CRL.REV.PET.NO. 2569 OF 2009() -------------------------------------------- CRA.433/2005 OF SESSIONS COURT, THALASSERY CC.215/2003 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: -------------------------------------------------------------- THOMAS KUNNEL,AGED 43, S/O.MATHEW CHANDANAKAMPARA,P.O.PAYYAVOOR AMSOM. BY ADV. SRI.PRAVEEN K. JOY SRI.ABHILASH MATHEW RESPONDENT(S) - RESPONDENT - COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, SESSIONS COURT,ERNAKULAM. 2. SHRI.K.C.JAMES,S/O.CHACKO AGED 42, KALIYANIL HOUSE CHANDANAKKAMPARA, P.O.PAYYAVOOR, KANNUR. ADV. SRI.ADEEP ANWAR FOR R2 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK (R1) THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2569 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-II), in Crl. Appeal No.433 of 2005 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.2 filed Crl.M.A No.7833 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7833 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.7833 of 2009 is allowed. The composition entered between petitioner and respondent No.2 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