IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Crl.Rev.Pet.No. 2203 of 2009 ------------------------------ CRA.266/2005 of ADDL. SESSIONS COURT (ADHOC) III, PALAKKAD ST.2988/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... REVN. PETITIONER/ APPELLANT/ACCUSED: -------------------------------------- MANIAN, S/O. VELAN 4/512, CHATHANKULANGARA HOUSE KUTHANUR, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT: -------------------------- --------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. HOMEFIT LEASING LTD CCM COMPLEX, HOMEFIT JUNCTION, OLAVAKODE PALAKKAD, REP. BY ASSISTANT MANAGE, JAYAKUMAR. SRI.M.R.NANDAKUMAR FOR R2 PUBLIC PROSECUTOR: SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2203 of 2009 --------------------------------------- Dated this 08th day of July 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Palakkad in Crl. Appeal No. 266 of 2005 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.2 filed Crl.M.A.No.6506 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.6506 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.6506 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 Sec.320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/