IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.Rev.Pet.No. 2639 of 2009() ------------------------------ CRA.66/2002 of I ADDL.SESSIONS COURT, ERNAKULAM CC.604/1998 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- RADHAKRISHNAN S/O. GOPALAN NAIR, SURYA INSULATIONS TKA NAIR BUILDINGS 1/521, NEAR HOC GATE, AMBALAMUGAL, PUTHENCRUZE BY ADV. SRI.T.RAJESH RESPONDENT(S)/RESPONDENTS/STATE AND COMPLAINANT: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RPY A . JACOB S/O. JACOB, ARAKKAKUDIYIL HOUSE, VELLOKARA, PUTHENCRUZE. ADV. SRI.P.BINNY JOSEPH FOR R2 PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2639 of 2009 -------------------------------------- Dated this the 14th day of August, 2009. ORDER This revision is in challenge of judgment of learned I Additional Sessions Judge, Ernakulam in Crl.Appeal No.66 of 2002 confirming conviction but modifying sentence of petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). 2. Petitioner and respondent No.2 filed Crl.M.A.No.8053 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.8053 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 Section 138 of the Act is made compoundable under Section 147 of the Act. Hence permission is granted and Crl.M.A.No.8053 of 2009 is allowed. The composition entered between petitioner and respondent No.2 is accepted and that shall have the effect of acquittal of petitioner under Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks