IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.Rev.Pet.No. 500 of 2001() ----------------------------- CRA.215/1998 of ADDL.SESSIONS COURT, ALAPPUZHA ST.154/1997 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- K.K.AJAYAKUMAR, S/O.K.K.KRISHNAN, ACCOUNTANT, KOCHUTHAYYIL, ARYAD NORTH P.O., MANNANCHERRY, ALAPPUZHA. BY ADV. SRI.MAURICE VINCENT SRI.BIJILY JOSEPH RESPONDENT(S)/RESPONDENTS/COMPLAINANT: --------------- 1. N.K.BHASKARAN, NANATTUVELIYIL, ARYAD NORTH P.O., MANNANCHERRY, ALAPPUZHA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KRALA,ERNAKULAM. ADV. SRI.B.RAJEEV KOYICKAL FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.500 of 2001 -------------------------------------- Dated this the 21st day of May, 2009. ORDER Heard. 2. This revision arises from the judgment of learned Sessions Judge , Alappuzha in Crl.Appeal No.215 of 1998 confirming the conviction of petitioner under Section 138 of the Negotiable Instruments Act (for short, “the Act”) but modifying the sentence to simple imprisonment till the rising of court and fine of Rs.12,000/-. 3. Petitioner and respondent No.1 had filed Crl.M.P.No.3755 of 2009 reporting settlement of the case and requesting that petitioner be acquitted. 4. Offence under Section 138 of the Act is made compoundable under Section 147 of the Act. It is seen from the petition and submission of the learned counsel that the compromise is voluntarily. There is no reason why the request to compound the offence should not be allowed. Resultantly, Crl.M.P.No.3755 of 2009 is allowed and the compromise entered between the petitioner and respondent No.1 is accepted. That shall have the effect of acquittal of the petitioner under Section 320(8) of the Code of Criminal Procedure. Crl.R.P.No.500/2001 2 Revision Petition is disposed of accordingly. Crl.M.P.No.2338 of 2001 will stand dismissed. THOMAS P.JOSEPH, Judge. cks Crl.R.P.No.500/2001 3 Thomas P.Joseph, J. Crl.R.P.No.500 of 2001 ORDER 21st May, 2009