IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 CRL.REV.PET.NO. 1614 OF 2009() ---------------------------------------------- CRA.251/2006 OF SESSIONS COURT, THRISSUR ST.201/2002 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: -------------------------------------------------------------- K. BABU, KADAMKANDATH HOUSE, NADUMURI, PARAKKAD, KUNNATHANGADI, VELUTHUR P.O., THRISSUR DISTRICT. BY ADV. SRI.RANJIT BABU RESPONDENT(S) - RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAHADULLA M.A. S/O.MOHAMMED HAMSA, SITHARA COTTAGE, POOKKARATHOTTAM, OLAVAKKODE P.O., PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN R2 ADV. SRI.LOWEL CHERIAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23.5.2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO. 1614 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2009 O R D E R -------------- This revision petition is in challenge of the judgment of learned Sessions Judge, Thrissur in Crl. Appeal No.251 of 2006 confirming the conviction for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) but modifying the substantive sentence of imprisonment till the rising of court and payment of compensation of Rs.35,000/- as awarded by the trial court. 2. Petitioner and respondent No.2 filed Crl.M.A. No.4902 of 2009 reporting settlement and seeking permission to compound the offence. 3. Heard counsel on both sides. 4. It is seen from application No.4902 of 2009 that parties have settled the dispute out of court. I am satisfied that the composition is 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.4902 of 2009 is allowed. The composition CRL. R.P. No.1614 of 2009 -: 2 :- 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 the Code of Criminal Procedure. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv