IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 CRL.REV.PET.NO. 2999 OF 2004(D) --------------------------------------------- CRA.95/2003 OF SESSIONS COURT, ALAPPUZHA CC.300/1999 OF JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: ----------------------------------------------------------- K.S.REMADEVI, RAM NIVAS, KODAMTHURUTH PANCHAYATH, KUTHIATHODE P.O., ALLEPPEY BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S) - RESPONDENT - COMPLAINANT: ------------------------------------------------------------- 1. V.M. VARKEY, CHEMMARAPPALLI NIKARTHIL, UZHUVA MURI, PATTANAKKAD VILLAGE. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI.P.V.JAYACHANDRAN FOR R1 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2999 of 2004 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Sessions Judge, Alappuzha in Crl. Appeal No.95 of 2003 confirming conviction and sentence of petitioner 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.7819 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7819 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.7819 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 MFA -: 2 :-