IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Crl.Rev.Pet.No. 2368 of 2009 ------------------------------ CRA.454/2008 of ADDITIONAL SESSIONS COURT, ERNAKULAM CC.171/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,PERUMBAVOOR --------------------------------------- REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- T.R.SABU, AGED 32 YEARS, S/O.SREEDHARAN, I.C.D.P.SUB CENTRE, KODUMUDI, VALIYAKUNNU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS/ RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------- 1. MADHUSOODANAN, VATTOLIL VEEDU, IRINGOLE P.O., PERUMBAVOOR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.V.K.SREENA FOR R1 PUBLIC PROSECUTOR : SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON 24/07/2009 PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2368 of 2009 --------------------------------------- Dated this 24th day of July 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Ernakulam in Crl. Appeal No. 454 of 2008 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.7200 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7200 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.7200 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/