IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Crl.Rev.Pet.No. 2075 of 2009() ------------------------------ CRA.178/2006 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.978/2004 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ---------------------------------------------------------- BABURAJ, PUTHRASSERIL HOUSE, KARIMULACKAL P.O., KOMALOOR, CHUNAKARA. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): RESPONDENTS/STATE & COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.KUNJUKUNJU, AJU BHAVANAM, KOMALLOOR P.O., KARIMULACKAL, CHUNAKKARA. ADV. SRI.C.RAJENDRAN FOR R2 PUBLIC PROSECUTOR SHIR JAYAKRISHNAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2075 of 2009 -------------------------------------- Dated this the 30th day of June, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge-I, Mavelikkara in Crl.Appeal No.178 of 2006 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.6302 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6302 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.6302 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