IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.Rev.Pet.No. 2049 of 2007() ------------------------------ CRA NO.474/2005 OF ADDITIONAL DISTRICT & SESSIONS COURT FAST TRACK (ADHOC), MAVELIKARA. CC NO.936/2003 OF JUDICIAL FIRST CLASS MAGISTRATE, MAVELIKARA. REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- RAJENDRAN K.N, AGED 41 YEARS, S/O NEELAKANTAN NAIR, SREEVILASOM, NADUVILE MURI, PANDALAM THEKKEKARA VILLAGE, PANDALAM. BY ADV. SRI.R.PADMAKUMAR RESPONDENT(S): RESPONDENTS/COMPLAINANT -------------------------------------- 1. STATE OF KERALA - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. KRISHNAN K.V., KIZHAKKUM VEETTIL, KANDIYOOR, THATTARAMBALAM, MAVELIKARA, REPRESENTED BY POWER OF ATTORNEY HOLDER, RAJAN PILLAI.M, ANAND BHAVAN, KANDIYOOR P.O., THATTARAMBALAM,MAVELIKARA. ADV. SRI.R.KRISHNA RAJ FOR R2 PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2049 of 2007 -------------------------------------- Dated this the 17th day of July, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge, Fast Track (Adhoc), Mavelikara in Crl.Appeal No.474 of 2005 confirming conviction but modifying sentence of petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). 2. Petitioner and respondent No.2 filed Crl.M.A.No.6995 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6995 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.6995 of 2009 is allowed. The composition entered between petitioner and respondent No.2 is accepted and that shall have the effect of acquittal of petitioner under Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks