IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Crl.Rev.Pet.No. 2537 of 2009() ------------------------------ CRA.129/2008 of ADDL.SESSIONS COURT, KOTTAYAM CC.461/2006 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED --------------------------------------- GEORGEKUTTY JACOB, KOCHUPARAMBIL HOUSE, THIDANADU P.O., VETTIKULAM, KONDOOR. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------- 1. SAJI THOMAS, KINNARUKARA HOUSE, ARUVITHURA P.O., MEENACHIL. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SAJU JOHN FOR R1 PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2537 of 2009 -------------------------------------- Dated this the 7th day of August, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Kottayam in Crl.Appeal No.129 of 2008 confirming conviction but modifying sentence of petitioner 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.7721 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7721 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.7721 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 Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks