IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Crl.Rev.Pet.No. 2027 of 2009() ------------------------------ CRA.480/2003 of ADDL. SESSIONS COURT, FAST TRACK-II, PALAKKAD CC.457/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ------------------------------------------------------ P.V.JOSEPH, S/O.ULAHANNAN, AGED 58, STATE WARE HOUSE, MUTHALAMADA, CHITTUR. BY ADV. SRI.V.GOPIKRISHNA RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. H.SAHEED, S/O. HAIDAR SAHIB, AGED 43 YEARS, NEAR POLICE LANE, COURT ROAD, ALATHUR. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.R.ARUN (PALLURUTHY) FOR R1 PUBLIC PROSECUTOR SHRI C.S.HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2027 of 2009 -------------------------------------- Dated this the 24th day of June, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge,Fast Track Court-II, Palakkad in Crl.Appeal No.480 of 2003 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.6090 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6090 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.6090 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. Crl.M.A.No.6089 of 2009 will stand dismissed. THOMAS P.JOSEPH, Judge. cks