IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Crl.Rev.Pet.No. 1177 of 2003() ------------------------------------------- CRA.12/2001 of THE IST ADDL. SESSIONS COURT, THRISSUR C.C.823/1998 OF THE JUDICIAL FIRST CLASS MAGISTRATE, CHAVAKKAD. .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- P.NANDAKUMAR, S/O. GOPALAN NAIR, PORAKATTU HOUSE, P.O.KIZHUPPILLIKKARA, THANYAM VILLAGE, THRISSUR. BY ADV. MR.RAJIT RESPONDENT(S): RESPONDENT/ COMPLAINANT ------------------------------ 1. STATE OF KERALA - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHELTER HIRE PURCHASE AND LOANS, VATANAPPILLY VILLAGE, CHAVAKKAD TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER OF THE MANAGING PARTNER, M.C.BIJOY, S/O. CHEKKAN, MAYUR HOUSE, VATANAPPILLY VILLAGE, CHAVAKKAD. BY ADVS.MR.K.N.PADMAKUMAR FOR R2 PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MP. NO.4656/2003 IN CRL.RP. NO.1177/2003 DISMISSED 02/06/2009 SD/- THOMAS P.JOSEPH, JUDGE TRUE COPY P.A. TO JUDGE TSS THOMAS P. JOSEPH, J. ------------------------------------ Crl.R.P.NO. 1177 OF 2003 ---------------------------------------- Dated this th 3rd day of June, 2009 ORDER This revision is in challenge of the common judgment of learned I Additional Sessions Judge, Thrissur in Crl. Appeal No.12/2001 and Crl.R.P.6 of 2001 confirming conviction but setting aside order of sentence and remanding the matter for awarding proper sentence, for the 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. 5082/2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5082/2009 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.5082/2009 is allowed. The composition entered between the petitioner and respondent No.2 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 Acd