IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Crl.Rev.Pet.No. 2607 of 2009() ------------------------------ CRA.807/2006 of ADDL. SESSIONS COURT, THRISSUR CC.43/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVN. PETITIONER/APPELLANT/ACCUSED: -------------------------------------- K.M.GAFOOR,S/O.ABDUL REHIMAN, MALAYAMKULATHIL HOUSE, KADIKKAD AMSOM, EDAKKARA DESOM, ANDATHODE P.O. CHAVAKKAD TALUK. BY ADV. SRI.RAJIT RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.SAPTHAMI KURIES AND LOANS(P)LTD. KUNNAMKULAM P.O., THALAPPILLY TALUK,REPRESENTED BY ITS MANAGING DIRECTOR SAJESH, S/O. KODATHOOR VASU,CHERUVATHANI DESOM, ANJOOR, THALAPPILLY TALUK, THRISSUR DIST. P.O. PANANGAD, SREENARANANAPURAM. ADV. SRI.V.V.JOY FOR R2 PUBLIC PROSECUTOR : SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2607 of 2009 --------------------------------------- Dated this 12th day of August 2009 ORDER This revision is in challenge of judgment of learned Additional District & Sessions Judge, Thrissur in Crl. Appeal No. 807 of 2006 confirming conviction and sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.2 filed Crl.M.A.No.7993 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7993 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.7993 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 Sec.320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/