IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 CRL.REV.PET.NO. 1830 OF 2009() ----------------------------------------------- CRA.431/2007 OF ADDL. SESSIONS COURT (ADHOC), KOZHIKODE ST.510/2006 OF JUDICIAL FIRST CLASS MAGISTRATE, KOZHIKODE .................... REVN. PETITIONER(S):APPELLANT/ACCUSED ----------------------------------------------------------- RAJESH.K.A,AGED 31 YEARS,S/O.ALIYAS, KOCHUPARAMBIL VEEDU,P.O.CHETHALAYAM,S.BATHERY TALUK,WAYANAD DISTRICT. BY ADV. SRI.RAFFEEKH.K RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------------------------- 1. PARASMAL LUHAWAT,S/O.PADMA CHAND JAIN, PROPRIETOR,DOLPHIN FINANCIAL SERVICES,P.K.P. COMPLEX,KALLAI ROAD,CALICUT REP.BY POWER OF ATTORNEY HOLDER,GIREEESAN,S/O.BHASKARAN,"GREENS", NEAR WATER TANK,PUTHIVARA.PO,CALICUT. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALAM,ERNAKULAM. BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1830 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of June, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Fast Track - Adhoc-I), Kozhikode in Crl. Appeal No.431 of 2007 confirming conviction and 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.5540 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5540 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.5540 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