IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 CRL.REV.PET.NO. 2424 OF 2009() -------------------------------------------- CRA.572/2006 OF ADDL. SESSIONS COURT, THRISSUR CC.1153/2003 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------------------------------------- VENUGOPALAN, S/O.NARAYANAN, KOLOTHUPARAMBIL HOUSE, PAZHUVIL WEST, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VALIYAKATH HUSSAIN, S/O.MUHAMMED, VALIYAKATH HOUSE, MAMMIYUR, GURUVAYOOR, CHAVAKKAD TALUK, THRISSUR DISTRICT, REPRESENTED POWER OF ATTORNEY HOLDER E.M.SHAHUL HAMEED, S/O.ABDUL KHADER, PUTHENPURAYIL HOUSE, ORUMANAYOOR, CHAVAKKAD. BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK ADV. SRI.V.V.JOY FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2424 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, Thrissur in Crl. Appeal No.572 of 2006 confirming conviction and sentence of petitioner 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.7374 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7374 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.7374 of 2009 is allowed. The composition entered between 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