IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Crl.Rev.Pet.No. 2178 of 2009() ------------------------------ CRA.228/2007 of I ADDL.SESSIONS COURT, THODUPUZHA ST.163/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THODUPUZHA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- SHIJU JOSEPH, PANIKKUNNEL HOUSE, KOTHAYIKUNNU, THODUPUZHA P.O. BY ADV. SRI.T.J.MICHAEL RESPONDENT(S)/RSPONDENT/COMPLAINANT: --------------- 1. STATE OF KERALA, RP. BY PUBLIC PROSECUTOR, HIGH COURT ' OF KERALA, ERNAKULAM. 2. STPHEN VARGHESE,NELLIYAKKATTU HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE. ADV. SRI.JOSE MATHEW FOR R2 BY PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2178 of 2009 -------------------------------------- Dated this the 7th day of July, 2009. ORDER This revision is in challenge of judgment of learned I Additional Sessions Judge, Thodupuzha in Crl.Appeal No.228 of 2007 confirming conviction of petitioner but modifying sentence 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.6588 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6588 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.6588 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