IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 Crl.Rev.Pet.No. 2245 of 2009() ------------------------------------------- CRA.177/2005 of ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM ST.197/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ---------------------------------------------------------------- G.GOPALAKRISHNAN, S/O. N.GOVINDAN, USHAMANDIRAM, VETTUROAD, KANIYAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): RESPONDENTS/STATE & COMPLAINANT -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. R.V.SANALKUMAR, PRATHIBHA, KAVARADI ROAD, PETTAH, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK ADV. SRI.K.RAJESH KANNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2245 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Sessions Judge (Fast Track-I), Thiruvananthapuram in Crl. Appeal No.177 of 2005 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.2 filed Crl.M.A No.6780 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.6780 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.6780 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 MFA -: 2 :-