IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 CRL.REV.PET.NO. 2733 OF 2009() ------------------------------------------- CRA.923/2007 OF ADDITIONAL DISTRICT AND SESSIONS COURT, FAST TRACK (ADHOC-II), KOZHIKODE ST.24/2007 OF JUDICIAL MAAGISTRATE OF FIRST CLASS-II,KOYILANDY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------------------------------- PADMANABHAN, AGED 44 YEARS, S/O.KRISHNAN NAIR, KILICHAPARAMBATH HOUSE, PALORI P.O., KOILANDI TALUK, KUTTIADI-673 508. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------------------------------------------- 1. VIBEESH, AGED 35 YEARS, S/O.KUNJHIRAMAN, MANATHALA HOUSE, MELOOR P.O., KOILANDY, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.RANJIT BABU FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2733 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, Fast Track (Adhoc-II), Kozhikode in Crl. Appeal No.923 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.8338 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.8338 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.8338 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of the petitioner under Section 320(8) of Code of Criminal Procedure. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv