IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 CRL.REV.PET.NO. 2492 OF 2009() ------------------------------------------- CRA.147/2003 OF ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY C.C. NO.276 OF 1999, JUDICIAL FIRST CLASS MAGISTRATE, KUTHUPARAMBA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------- C.MANOHARAN, NADUKANDY HOUSE, KONGATTA, P.O.KOTTAYAMPOIL, THALASSERY. BY ADV. SRI.V.V.ASOKAN SRI.MAHESH V.MENON RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------------------------------------- 1. N.SAJEEVAN, S/O.BALAN, PALAYULLAPARAMBA HOUSE, CHERUVANCHERRY, THALASSERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.P.P.RAMACHANDRAN FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2492 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-III), Thalassery in Crl. Appeal No.147 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.7586 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7586 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.7586 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