IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 CRL.REV.PET.NO. 2315 OF 2009() ---------------------------------------------- CRA.441/2005 OF ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM CC.573/2003 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ---------------------------------------------------------------- ANEESH, AGED 40 YEARS, S/O.SARASAMMA, AMRUTHALAYAM, PARIPALLY, PARIPALLY VILLAGE, KOLLAM TALUK, KOLLAM. BY ADV. SRI.M.DINESH RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE --------------------------------------------------------------------------------- 1. V.PRAKASAN, S/O.VIVEKANANDAN, HELASYA, MUDAPURAM P.O., THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.RAJESH KANNAN FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2315 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Fast Track Court-I), Thiruvananthapuram in Crl. Appeal No.441 of 2005 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.7002 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7002 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.7002 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