IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Crl.Rev.Pet.No. 1890 of 2009() ------------------------------ AGAINST JUDGMENT DATED 25.1.2008 IN CRA.302/2007 of ADDL.SESSIONS COURT (ADHOC), KOTTAYAM CC.09/2006 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA ..................................... REVN. PETITIONER(S): APPELLANT/ACCUSED ----------------------------------------------------- E.A.SIYAD, S/O. ABDUL SAMAD, ELAVUMKAL HOUSE, ERATTUPETTA VILLAGE, ERATTUPETTA KARA. BY ADV. MR.A.MOHAMMED RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE --------------------------------------------------------------------- 1. FEDERATE CHITS INDIA PVT. LTD., REGD. OFFICE, KATTAPPANA, ERATTUPETTA BRANCH, REP.BY T.K.VIJAYAN, VICHANATTU BUILDING, 1ST FLOOR, NEAR PRIVATE BUS STAND, ERATTUPETTA-1. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR.K.I.SAGEER MR. JAYAKRISHNAN PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------------ Crl.R.P.NO.1890 OF 2009 ---------------------------------------- Dated this the 17th day of June, 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc)-I, Kottayam in Crl. Appeal No.302/2007 confirming conviction but modifying the sentence 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. 5757/2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5757/2009 that parties have settled the dispute out of court. There is no reason to think that 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.5757/2009 is allowed. Composition entered between the petitioner and respondent No.1 is accepted and that shall have 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 Acd