IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Crl.Rev.Pet.No. 2418 of 2009() ------------------------------ CRA.701/2007 of ADDL.SESSIONS COURT, KOTTAYAM ST.503/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ------------------------------------------------- VARGHESE K.V., KALAYIL, MEENADOM P.O., KOTTAYAM. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENT(S): RESPONDENTS/STATE AND COMPLAINANT ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABRAHAM P.VARGHESE, MANAGING PARTNER, TRAVANCORE FINANCE CORPORATION, PADINJAREKKARA BUILDING, KOTTAYAM. ADV. SRI.S.JAYAKRISHNAN FOR R2 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2418 of 2009 -------------------------------------- Dated this the 29th day of July, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Kottayam in Crl.Appeal No.701 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.2 filed Crl.M.A.No.7363 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7363 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.7363 of 2009 is allowed. The composition entered between petitioner and respondent No.2 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. THOMAS P.JOSEPH, Judge. cks