IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 CRL.REV.PET.NO. 1885 OF 2009() ------------------------------ CRA.734/2007 OF ADDL.SESSIONS COURT, KOTTAYAM CC.1345/2004 OF JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... REVN. PETITIONER(S) APPELLANT - ACCUSED: ---------------------------------------------------------- ANDREWS C.JOY, CHIRAYIL HOUSE, ORISSA POST, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S) - RESPONDENTS - NOT PARTY & COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJU JOSEPH, MANAGING PARTNER, SUGAR 'N' SPICE, C.S.I. COMPLEX, BAKER JUNCTION, KOTTAYAM. BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK R1 ADV. SRI.AJEESH K.SASI FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1885 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of June, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, Kottayam in Crl. Appeal No.734 of 2007 confirming conviction but modifying sentence 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.5739 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5739 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.5739 of 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. vsv