IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Crl.Rev.Pet.No. 1911 of 2009() ------------------------------ CRA.161/2004 of SESSIONS COURT, PATHANAMTHITTA CC.957/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- N.K.ANTONY, AGED 76 YEARS, S/O.KUNJU VAREED, RESIDING AT NLLISSERIL HOUSE, KUZHIVELIPURAM, KARRAKKAL P.O., PERINGARA, THIRUVALLA. BY ADV. SRI.SANTHOSH G. PRABHU RESPONDENT(S)/RESPONENTS/COMPLAINANT AND STATE: --------------- 1. RAJESH KUMAR, S/O.SASIDHARAN PILLAI, CHEMPALAYIL VEEDU, KAVUMBHAGAM P.O., KAVUMBHAGAM VILLAG, THIRUVALLA. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.S.RAKHEE FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1911 of 2009 -------------------------------------- Dated this the 19th day of June, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge, Pathanamthitta in Crl.Appeal No.161 of 2004 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.5873 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.5873 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.5873 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