IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Crl.Rev.Pet.No. 2580 of 2009() ------------------------------ CRA.173/2007 of II ADDL.SESSIONS COURT, ERNAKULAM CC.1380/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- LAKSHMY NARAYANAN, AGED 53 YEARS, S/O.BHASKARA PILLAI, THEKKEKKARA VEETTIL HOUSE, AMMENKOVIL ROAD, KARITHALA DESOM, ERNAKULAM, NOW RESIDING AT TELECOM QUARTERS NO.C/35, PANAMPILLY NAGAR, ERNAKULAM. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE: --------------- 1. PUSHPA, W/O.NARAYANA PILLAI, AGED 36 YEARS, ERAVUKADU VEEDU, ELATHU NAGAR, 21/18/12/C, KUMBALANGI VAZHI, PALLURUTHY. 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV.SRI.JOSE TOM C.KANDATHIL FOR R1 PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2580 of 2009 -------------------------------------- Dated this the 10th day of August, 2009. ORDER This revision is in challenge of judgment of learned II Additional Sessions Judge, Ernakulam in Crl.Appeal No.173 of 2007 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.1 filed Crl.M.A.No.7853 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7853 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.7853 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