IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.Rev.Pet.No. 921 of 2003 ----------------------------- CRA.51/2000 of ADDL.SESSIONS COURT, KOTTAYAM CC.166/1994 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- K.A. CHERIYAN, KARIMGANAMPOYKAYIL, S.N. PURAM P.O., PAMPADY. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENT/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------- 1. M/S. ASIAN INVESTMENTS, REPRESENTED BY THE MANAGING PARTNER, CSI SSQUARE BUILDING, SASTRI ROAD, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.T.SHYAMKUMAR FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.921 of 2003 --------------------------------------- Dated this 06th day of July 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Kottayam in Crl. Appeal No. 51 of 2000 confirming conviction and sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.1 filed Crl.M.A.No.6283 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.6283 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.6283 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Sec.320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/