IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Crl.Rev.Pet.No. 1714 of 2009() ------------------------------------- CRA.873/2007 of SESSIONS COURT, KOTTAYAM ST.234/2007 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... REVN. PETITIONER: APPELLANT/ACCUSED --------------------------------------------------- P.J. ALEXANDER, POLACKAL HOUSE, NEAR CHANGANASSERY POLICE STATION, CHANGANASSERY. BY MR.M.V.THAMBAN MR.R.REJI MR.B.BIPIN RESPONDENT(S): RESPONDENTS/STATE AND COMPLAINANT ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.R. THULASIDAS, SANEESH MANDIRAM, THURUTHI.P.O, CHANGANASSERY. MR.K.V. ANILKUMAR FOR R2 MR. JAYAKRISHNAN – PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------------ Crl.R.P.NO. 1714 OF 2009 ---------------------------------------- Dated this the 2nd day of June, 2009 ORDER This revision is in challenge of the judgment of learned Additional Sessions Judge, Kottayam in Crl. Appeal No.873/2007 confirming conviction and 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. 5232/2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5232/2009 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.5232/2009 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