IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Crl.Rev.Pet.No. 432 of 2009 ----------------------------- CRA.407/2007 of ADDITIONAL SESSIONS JUDGE (ADHOC), FAST TRACK- II,MANERI CC.458/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... REVN. PETITIONER/APPELLANT/ACCUSED: -------------------------------------- M.KRISHNANKUTTY, S/O.RAMAN CHETTIYAR, MUTHIPARAMBIL HOUSE, P.O.MELATHUR,MALAPPURAM DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) SRI.M.REVIKRISHNAN RESPONDENT/RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------ 1. A.BALAN NAIR,S/O.KUTTAN NAIR, DEVI NILAYAM, MELATTUR.P.O, MALAPPURAM DIST. 2. STATE OF KERALA,REPRESENTED BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) FOR R1 PUBLIC PROSECUTOR: SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.432 of 2009 --------------------------------------- Dated this 07th day of July 2009 ORDER This revision is in challenge of judgment of learned III Additional Sessions Judge(Adhoc), Fast Track No.II, Manjeri in Crl. Appeal No. 407 of 2007 confirming conviction of petitioner but modifying sentence 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.6394 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.6394 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.6394 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/