IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.Rev.Pet.No. 2822 of 2009() ------------------------------ CRA.832/2007 of ADDITIONAL SESSIONS JUDGE, ERNAKULAM ST.583/2006 of JUDICIAL FIRST CLASS MAGISTRATE, KOCHI .................... REVIEW. PETITIONER/APPELLANT/ACCUSED: -------------------------------- P K NAZAR, PROPRIETOR OCEAN – WIDE MARINE EXPORTS, DOOR NO:135 “O”, KANNIKATTU SHOPPING COMPLEX BY PASS JUNCTION, AROOR P O-688 534 BY ADV. SRI.P.R.RAJA SRI.P.M.BENZIR RESPONDENTS/COMPLAINANT/STATE: ---------------------------- 1. WILSON RAPHAEL, S/o. PETER MALIAKKAL MALIAKKAL HOUSE, PALLIPORT P O ERNAKULAM -683 515 2. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM ADV. SRI.P.M.BENZIR FOR R1 PUBLIC PROSECUTOR: SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/ 08 /2009, THE COURT ON 28/08/2009 PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2822 of 2009 --------------------------------------- Dated this 28th day of August 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Ernakulam in Crl. Appeal No. 832 of 2007 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 Annexure-I, statement of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Annexure-I, statement 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 Annexure-I, statement 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/