IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Crl.Rev.Pet.No. 1863 of 2009() ------------------------------ CRA.61/2005 of ADDL.DISTRICT AND SESSIONS COURT (ADHOC-I), KOLLAM CC.297/2001 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------------- BALAKRISHNAN,AGED 59 YEARS,SHEEN NIVAS, KADAVOOR,PERINADU,KOLLAM. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): RESPONDENT/COMPLAINANT/STATE -------------------------------- 1. MANAGING DIRECTOR,SRI.GOKULAM CHIT AND FINANCE,BISHOP JEROM NAGAR,KOLLAM REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR.SUNIL KUMAR.M.G, S/O.M.GOPALAKRISHNAN,AYYAPPA JYOTHI,P.K.P.KAVALA, KUZHIMATHICADU.PO,KUNDARA,KOLLAM. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.M.R.SARIN FOR R1 PUBLIC PROSECUTOR SHRI KAMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1863 of 2009 -------------------------------------- Dated this the 15th day of June, 2009. ORDER This revision is in challenge of judgment of learned Additional District and Sessions Judge (Adhoc-I), Kollam in Crl.Appeal No.61 of 2005 confirming conviction of petitioner 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.5640 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.5640 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.5640 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 the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks