IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Crl.Rev.Pet.No. 1776 of 2009() ------------------------------ CRA.23/2007 of SESSIONS COURT, WAYANAD, KALPETTA ST.2833/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, SULTHANBATHERY .................... REVN. PETITIONER(S): REV.PETITIONER/APPELLANT/ACCUSED. ------------------------------------------------------ SARALA DEVI, AGED 43 YEARS, W/O.KRISHNAN KUTTY, PARAKKATIL VEEDU, PULPALLY, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): RESPONDENT/COMPLAINANT/STATE. -------------------------------------------- 1. K.M.MAJEED, S/O.HAIDRU, KARIMPANAKKAL VEEDU, KAIPPANCHERRY, S. BATHERY TALUK, WAYANAD DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI JAYAKRISHNAN SMT.T.J.SEEMA FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1776 of 2009 -------------------------------------- Dated this the 8th day of June, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge, Wayanad, Kalpetta in Crl.Appeal No.23 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.5428 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.5428 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.5428 of 2009 is allowed. The composition entered between the petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of the petitioner under Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks