IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 CRL.REV.PET.NO. 1693 OF 2009(E) -------------------------------------------------- CRA.664/2005 OF III ADDL.SESSIONS COURT, KOLLAM CC.650/2001 OF JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: --------------------------------------------------------------- E. NAZARUDEEN KUNJU, S/O. IBRAHIMKUTTY RAWTHER, KAIPPALLIL THEKKATHIL, KAMPALADI MURI, PORUVAZHY VILLAGE. BY ADV. SMT.M.K.PUSHPALATHA RESPONDENT(S) - COMPLAINANT & STATE: --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. J. GOPALAKRISHNA PILLAI, BHATTARAKESWAATHU VEEDU, KIDANGAYAM NORTH, SOORANAD SOUTH. BY PUBLIC PROSECUTOR SHRI RAVINDRA BABU SRI.RANJIT BABU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1693 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of May, 2009 O R D E R -------------- This revision is in challenge of the judgment of learned Additional Sessions Judge, Kollam in Crl. Appeal No.664 of 2005 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.4930 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.4930 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.4930 of 2009 is allowed. The composition entered between the 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