IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Crl.Rev.Pet.No. 2501 of 2009 ------------------------------ CRA.823/2006 of SESSIONS COURT, KOZHIKOE CC.38/2006 of JUDICIAL FIRST CLASS MAGITRAE COURT, PAYYOLI .................... REVN. PETITIONER(/APPELLANT/ACCUSED: --- --------------------- K KUNHIKKANNAN, S/C KANNAN KADAVATHU VEEDU P O KOTTAKKAL VIA IRINGAL, KOYILANDY TALUK BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/RESPONDENTS/COMPLAINANT: ------ --------------- 1. K T NARAYANAN, S/O GOPALAN “DWARAKA', KOYILOTH VEEDU P O PUTHUPPANAM VATAKARA TALUK 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ADV. SMT.SHAMEENA SALAHUDHEEN FOR R1 PUBLIC PROSECUTOR:SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05 /08 /2009, THE COURT ON 05/08/2009 PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2501 of 2009 --------------------------------------- Dated this 05th day of August 2009 ORDER This revision is in challenge of judgment of learned Sessions Judge, Kozhikode in Crl. Appeal No. 823 of 2006 confirming conviction and 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.7617 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7617 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.7617 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. 4. It is submitted by learned counsel for petitioner that petitioner is undergoing imprisonment and is detained in District Jail, Kozhikode. It is directed that petitioner shall be released forthwith if not required to be detained otherwise. Crl.R.P.No.2501 of 2009 2 Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/