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. 2735 of 2009() ------------------------------ CRA.61/2008 of ADDL.SESSIONS COURT, KOTTAYAM CC.403/2005 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... REVN. PETITIONER/APPELLANT/ACCUSED:. -------------------------------------------------- GOPINATHAN K.N, S/O.LATE NARAYANAN, KAREETHRA HOUSE, THALAYAZHAM VILLAGE, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENTS/RESPONDENT/COMPLAINANT.: -------------------------------------- 1. T.S. GOPALAN, S/O.LATE SHANKAR, BINDHU BHAVAN, THALAYAZHAM, VAIKOM, KOTTAYAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI. ADVT. GEORGE SEBASTIAN FOR R1 PUBLIC PROSECUTOR: SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2735 of 2009 --------------------------------------- Dated this 24th day of August 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Kottayam in Crl. Appeal No. 61 of 2008 confirming conviction but modifying sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.1 filed Crl.M.A.No.8377 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.8377 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.8377 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 Sec.320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/