IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 CRL.REV.PET.NO. 1677 OF 2009() ------------------------------ CRA.211/2008 OF SESSIONS COURT, KASARAGOD CC.257/2007 OF JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ---------------------------------------------------------------- SAMEER.C.P. AGED 26 YEARS, S/O. MOOSA.C.P. RESIDING AT C.P.HOUSE, CHICHARI.PO ANANDASHRAM (VIA), HOSDURG TALUK, KASARAGOD DIST. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT -------------------------------------------------- 1. SREE GOKULAM CHITS AND FINANCE COMPNY (P)LTD., REP. BY ITS MANAGING DIRECTOR, A.M.GOPALAN, REP. BY HIS POWER OF ATTORNEY HOLDER RAJESH P.V. AGED 26 YEARS, S/O. K.POKKAN, LEGAL CLERK, SREE KOKULAM CHITS AND FINANCE CO. P. LTD., KANHANGAD BRANCK BELLA VILLAGE KANHANGAD.P.O.,HOS 2. STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.RAJ MOHAN R.PILLAI R1 BY PUBLIC PROSECUTOR SHRI RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1677 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of May, 2009 O R D E R -------------- This revision is in challenge of the judgment of learned Sessions Judge, Kasargod in Crl. Appeal No.257 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.5064 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5064 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.5064 of 2009 is allowed. The composition entered between the 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