IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.Rev.Pet.No. 2817 of 2009() ------------------------------ CRA.189/2004 of ADDL.SESSIONS COURT FAST TRACK (ADHOC)NO.IV, TRIVANDRUM CC.357/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- GEORGE, S/O.VASUDEVAN, KONOTU PUTHEN VEEDU, PEROOR, VALLALLOOR VILLAGE. BY ADV. SRI.P.M.HABEEB RESPONDENT(S)/RESPONDENTS/STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUDHEENDRAN, S/.O.NARAYANAN, M.R.BUILDINGS, AUDIKONAM, THOTTAKKADU, KARAVARAM VILLAGE. PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R1 ADV. SHRI K.H.SAKIR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/8/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2817 of 2009 -------------------------------------- Dated this the 28th day of August, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Fast Track Court (Adhoc) No-IV, Thiruvananthapuram in Crl.Appeal No.189 of 2004 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.2 filed Crl.M.A.No.8637 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.8637 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.8637 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