IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Crl.Rev.Pet.No. 1363 of 2009() ------------------------------ CRA.739/2008 of ADDL.DISTRICT & SESSIONS COURT (ADHOC-III) NORTH PARAVUR CC.328/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- C.K.SURENDRAN, AGED 46 YEARS, S/O.KRISHNANKUTTY, RESIDING AT CHATHANPARAMBIL HOUSE, THAIKKATTUKARA P.O., ALUVA. BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL PALAMOOTTIL RESPONDENT(S): RESPONDENTS/COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.P.SURENDRAN, AGED 48 YEARS, S/O.PADMANABHAN, RESIDING AT MADAVANAPPARAMBIL HOUSE, ASOKAPURAM, ALUVA. ADV. SRI.O.S.JAFARKHAN FOR R2 PUBLIC PROSECUTOR SHRI P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1363 of 2009 -------------------------------------- Dated this the 21st day of April, 2009. ORDER Advocate O.S.Jafar Khan appears for respondent No.2. Public Prosecutor takes notice for respondent No.1. 2. Heard both sides. 3. Petitioner faced trial in the court of learned Judicial First Class Magistrate-I, Aluva in C.C.No.328 of 2004 for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). He was convicted and sentenced to undergo simple imprisonment for three months and pay compensation of Rs.35,000/- with a default clause. Appeal preferred by him was dismissed by the learned Additional District and Sessions Judge (Adhoc-III), North Paravur confirming the conviction and sentence. Hence, this revision. 4. It is submitted by the counsel for petitioner and respondent No.2 that the parties have settled the case outside the court. Petitioner and respondent No.2 have filed Crl.M.A.No.4058 of 2009 requesting that permission be granted to compound the offence. Crl.R.P.No.1363/2009 2 5. It is seen from the petition that the matter has been settled between the parties outside the court. Offence under Section 138 of the Act is made compoundable under Section 147 of the Act. There is no reason why the request should not be allowed. Resultantly, Crl.M.A.No.4058 of 2009 is allowed. The composition entered between the petitioner and respondent No.2 is accepted and that shall have the effect of acquittal of petitioner under Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of accordingly. THOMAS P.JOSEPH, Judge. cks Crl.R.P.No.1363/2009 3