IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Crl.Rev.Pet.No. 2071 of 2009() ------------------------------ CRA.38/2008 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.582/2004 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------------------- JOYIKUTTY,S/O.SAMUAL,PUTHUCHIRAYIL PUTHENVEEDU, KOTTARAKKAVU MURI,MAVELIKKARA.PO. BY ADV. SRI.C.S.MANU RESPONDENT(S): RESPONDENTS/STATE AND COMPLAINANT ----------------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. S.SASIDHARAN,S/O.CHANDRAN,KARTHIKAPPALLY OADEETTATHIL,CHERUKUNNAM MURI,THEKKEKKARA VILLAGE. BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK ADV. SMT.SUMEY CHANDRAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2071 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, Mavelikkara in Crl. Appeal No.38 of 2008 confirming conviction and 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.6333 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.6333 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.6333 of 2009 is allowed. The composition entered between petitioner and respondent No.2 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 MFA -: 2 :-