IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 CRL.REV.PET.NO. 1475 OF 2010() ------------------------------------------- CRA.403/2004 OF ADDL.SESSIONS COURT, KOTTAYAM ST.401/2002 OF JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... REVN. PETITIONER(S) – APPELLANT - ACCUSED: ------------------------------------------------------------ ROY, S/O. GEORGE, VALIYAVEETTIL, ERATTUPETTA KARA AND VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM RESPONDENT(S) – RESPONDENTS – STATE & COMPLAINANT: ----------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SEBASTIAN LUKOSE, S/O.LUKA, THOTTAKARA HOUSE, ERATTUPETTA KARA AND VILLAGE, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SHRI K.M. FEROZ ADV. SRI.GEORGEKUTTY MATHEW FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30.4.2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== CRL. R.P. No.1475 of 2010 ==================================== Dated this the 30th day of April, 2010 O R D E R This revision is in challenge of judgment of learned Additional Sessions Judge, Kottayam in Crl. Appeal No.403 of 2004 confirming conviction of petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) but modifying the sentence. 2. Petitioner and respondent No.1 filed Crl.M.A No.4454 of 2010 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.4454 of 2010 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.4454 of 2010 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Section 320(8) of Code of Criminal Procedure. CRL. R.P. No.1475 of 2010 -: 2 :- 4. It is submitted that the petitioner is in Central Prison, Viyyur. He shall be released forthwith if not required to be detained otherwise. Issue orders to the Superintendent of Central Prison, Viyyur forthwith. Criminal Revision Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv