IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.Rev.Pet.No. 1302 of 2001() -------------------------------------- CRA.133/1997 of SESSIONS COURT, KOTTAYAM ST.809/1993 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... REVN. PETITIONER/APPELLANT/ACCUSED : ---------------------------------------------------- C.K.GOVINDAN, CHERUNKAL HOUSE, KIZHAKKAMBHAGAM KARA, ETTUMANNOOR VILLAGE. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS/RESPONDENTS/COMPLAINANT : ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BIJU FRANCIS, VETTOOR HOUSE, ETTUMANNOOR PO., ETTUMANNOOR. ADV. SRI.P.K.MEETHIYAN KUNJU FOR R2 SRI.C.A.ABDUL RAHIM FOR R2 SRI.SUBHASH CYRIAC FOR R2 PUBLIC PROSECUTOR SMT.PUSHPALATHA M.K. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------ CRL. R. P.No.1302 of 2001 ------------------------------ Dated this the 15th day of October, 2008 O R D E R Heard. 2. Revision petitioner stands convicted for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment and payment of fine. Conviction and sentence were confirmed in the appeal. Hence this revision. 3. Revision petitioner and second respondent filed Criminal M.A. No. 4882 of 2005 reporting settlement of the dispute and seeking permission to compound the offence. The petition is signed by revision petitioner, second respondent and their counsel. It is revealed from the petition that compromise was voluntary. Offence under Section 138 is made compoundable by Section 147 of the Act. Hence, find no reason to refuse permission sought for. Criminal M.A. No.4882 of 2005 is therefore allowed. Composition is accepted. Resultantly, the offence stands lawfully compounded. The CRL. R. P.No.1302 / 2001 2 composition shall have the effect of acquittal of revision petitioner under Section 320(8) of the Code of Criminal Procedure. Bail bond is cancelled. Criminal Miscellaneous Petition No.6187 of 2001 shall stand dismissed. THOMAS P. JOSEPH, JUDGE scm