IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Crl.Rev.Pet.No. 2399 of 2009() ------------------------------ CRA.499/2006 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.488/2005 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- ROY FRANCIS S/O. V C FRANCIS VALIYACHALIL HOUSE PALA P O BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT/RESPONDENTS/STATE AND COMPLAINANT: -------------------------------- 1. MUHAMMED IBRAHIM KUNNAKKATTU HOUSE NADACKAL P O, ERATTUPETTA 2. STATE OF KERALA REPRESENTED BY\ THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM ADV. SRI.BAIJU KRISHNAN FOR R1 PUBLIC PROSECUTOR: C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2399 of 2009 --------------------------------------- Dated this 29th day of June 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-II), Kottayam in Crl. Appeal No. 499 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.7288 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7288 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.7288 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/