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. 2086 OF 2009() ------------------------------ CRA.301/2005 OF ADDL.SESSIONS COURT (ADHOC)-IV, TRIVANDRUM CC.36/2003 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------------ A.RAHIM, S/O.ABDUL AZEEZ, THANOOJA COTTAGE, VALIYAVILA, VENKODE, PALIYAMKUNNU, AYIROOR VILLAGE, CHIRAYINKEEZHU TALUK. BY ADV. SRI. K.SIJU RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. R.SUDHAKARAN NAIR, PLACHIYODE VALIYA VEEDU, NILAMEI P.O., NILAMEL VILLAGE, KOLLAM DISTRICT. ADV. SRI.PRATHEESH.P FOR R2 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK 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.2086 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of June, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Fast Track Court - Adhoc-IV), Thiruvananthapuram in Crl. Appeal No.301 of 2005 confirming conviction 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.6322 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.6322 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.6322 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