IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 CRL.REV.PET.NO. 2261 OF 2009() -------------------------------------------- CRA.53/2009 OF ADDITIONAL SESSIONS COURT, (ADHOC-II) ERNAKULAM ST.862/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-VII, ERNAKULAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: -------------------------------------------------------------- SAJU RAGHAVAN, ADVOCATE, KARTHIKA BUILDING M.C.ROAD, PERUMBAVOOR RESIDING AT 2A 9/98, NGO QUARTERS, KAKKANADU. BY ADV. SMT.SIKHA G.NAIR RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE: ----------------------------------------------------------------------------------- 1. P.G.SUMATHY, PLAKKATTU HOUSE, VELLARAPPALLY SOUTH, SREEMOOLANAGARAM, NOW RESIDING AT SUNIDRA HOME SHOPPE, OUSHADHI JUNCTION, TEMPLE ROAD, PERUMBAVOOR. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.K.S.SURENDRAN FOR R1 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2261 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 6th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-II), Ernakulam in Crl. Appeal No.53 of 2009 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.1 filed Crl.M.A No.7673 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7673 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.7673 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