IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.Rev.Pet.No. 2163 of 2009() ------------------------------ CRA.245/2003 of I ADDL.DISTRICT AND SESSIONS COURT,OZHIKODE CC.1/2002 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOZHIKODE .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- E.BALAN, EDAKKUNI HOUSE, KUTTIKKATTUR P.O., CALICUT-8. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE: --------------- 1. M/S.MAHESWARI FINANCE & INVESTMENTS, KALLAYI ROAD, CALICUT, REP. BY K.DINESHAN S/O.NARAYANAN. 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. ADV. SMT.SARASWATHI PALEREKEEZHIL FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2163 of 2009 -------------------------------------- Dated this the 6th day of July, 2009. ORDER This revision is in challenge of judgment of learned I Additional District and Sessions Judge, Kozhikode in Crl.Appeal No.245 of 2003 confirming conviction of petitioner but modifying sentence 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.6558 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6558 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.6558 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