IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 CRL.REV.PET.NO. 1944 OF 2009() ------------------------------ CRA.846/2003 OF ADDL. SESSIONS COURT, THRISSUR CC.1563/2001 OF JUDL. MAGISTRATE OF FIRST CLASS COURT- I,CHALAKUDY .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: ----------------------------------------------------------- PIOUS, AGED 66, S/O. VARGHESE, KUTTAPPASSERY HOUSE, KADUKUTTY DESOM, KALLOOR VADAKKUMURI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.JOHN NUMPELI (JUNIOR) RESPONDENT(S) - RESPONDENTS - COMPLAINANT: ----------------------------------------------------------------- 1. GEORGE, AGTED 59, S/O.KUNJUVAREED, PEREPPADAN HOUSE, KADUKUTTY DESOM KALLOOR VADAKKUMURI VILLAGE, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. ADV. SRI.P.L.JOY FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1944 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, Thrissur in Crl. Appeal No.846 of 2003 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.1 filed Crl.M.A No.5929 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5929 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.5929 of 2009 is allowed. The composition entered between petitioner and respondent No.1 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