IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 CRL.REV.PET.NO. 2490 OF 2009() --------------------------------------------- CRA.707/2007 OF ADDL. SESSIONS COURT, (ADHOC), PALAKKAD CC.277/2006 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: -------------------------------------------------------------- C.C. VASU, S/O.CHATHAN, AGED 50 YEARS, CHERUVATHUKALAM, KINAVALLOOR P.O., KAMBA, PARLI VILLAGE, PALAKKAD DISTRICT. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S) - RESPONDENTS COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. HOUSING DEVELOPMENT FINANCIAL CORPORATION LTD., P.K.M. COMPLEX, 1ST FLOOR, MISSION SCHOOL JUNCTION, PALAKKAD, REPRESENTED BY ITS AUTHORISED PERSON LEGAL OFFICER SARATHCHANDAN ADV. SRI.K.K.CHANDRAN PILLAI FOR R2 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 4.8.2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2490 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-I), Palakkad in Crl. Appeal No.707 of 2007 confirming conviction but modifying sentence of petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). 2. Petitioner and respondent No.2 filed Crl.M.A No.7582 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7582 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.7582 of 2009 is allowed. The composition entered between petitioner and respondent No.2 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