IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Crl.Rev.Pet.No. 2557 of 2009() ------------------------------ CRA.463/2007 of II ADDL.SESSIONS COURT, KOLLAM CC.615/2002 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER/APPELLANT/ACCUSED: -------------------------------------- BAIJU, BIJU MANZIL, EZHIPPURAM, PARIPALLY, KOLLAM. BY ADV. SRI.C.A.RAJEEV RESPONDENTS/ RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------- 1. G.S.LIJIN, LILY BHAVAN, KOTTAKKERAM, PARIPALLY, KOLLAM, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, SMT.SUNANDA, LILY BHAVAN, PARIPALLY, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.JOHN BRITTO FOR R1 PUBLIC PROSECUTOR : SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2557 of 2009 --------------------------------------- Dated this 10th day of August 2009 ORDER This revision is in challenge of judgment of learned II Additional Sessions Judge, Kollam in Crl. Appeal No. 463 of 2007 confirming conviction but modifying sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.1 filed Crl.M.A.No.7786 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7786 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.7786 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Sec.320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/