IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 CRL.REV.PET.NO. 2109 OF 2009() ------------------------------ CRA.322/2007 OF ADDL. SESSIONS JUDGE (ADHOC-II) KASARGOD CC.718/2006 OF CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED. ----------------------------------------------------------------- KIDHUR ABDULLA, AGED 42 YEARS, S/O.MOHAMMED, R/AT. THODAYAR HOUSEM MAIPADY POST KANNUR, PERALA KANNUR, KUMBALA VIA, \KASARAGOD DT. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S) - COMPLAINANT & STATE: --------------------------------------------------------- 1. M.MOIDEEN, AGED 40 YEARS, S/O.ABBAS MUSLIYAR, R/AT.EDNAD, VIA KUMBLA, KAARAGOD. 2. STATE OF KERLA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.SIJU MATHEW FOR R1 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2109 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (adhoc-II), Kasargod in Crl. Appeal No.322 of 2007 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.1 filed Crl.M.A No.6391 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.6391 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.6391 of 2009 is allowed. The composition entered between petitioner and respondent No.1 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