IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Crl.Rev.Pet.No. 2069 of 2009() ------------------------------ CC.5/2003 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM CRA.30/2006 of ADDL.DISTRICT AND SESSIONS COURT, FAST TRACK (ADHOC), MAVELIKKARA .................... REVN. PETITIONER(S)/ACCUSED: --------------------- BABY S/O.THANKAPPAN, THAZHCHAYIL VEEDU, AVALUKUNNU P.O., ARYAD SOUTH, ALAPPUZHA. BY ADV. SRI.K.R.SUNIL RESPONDENT(S)/COMPLAINANT: --------------- 1. K.R.DALI, S/O.REMESHAN, KADAVADAKKATHIL, MANNEL VEEDU, PUTHUPALLY THEKKUM MURI, PUTHUPALLI VILLAGE. 2. STATE OF KERALA, RP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SMT.P.K.PAMALA FOR R1 SRI.Y.SREE KUMAR FOR R1 PUBLIC PROSECUTOR SHIR C.S.HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2069 of 2009 --------------------------------------- Dated this 30th day of June 2009 ORDER This revision is in challenge of judgment of learned Additional District & Sessions Judge, Fast Track (ADHOC), Mavelikkara in Crl. Appeal No. 30 of 2006 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.6287 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.6287 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.6287 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 Sec.320 (8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. Petitioner shall be released forthwith if not required to be detained otherwise. Issue intimation to Superintendent, Central Prison, Thiruvananthapuram. THOMAS P JOSEPH, JUDGE Sbna/