IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Crl.Rev.Pet.No. 2420 of 2009 ------------------------------ CRA.82/2005 of ADDL.SESSIONS COURT, KOTTAYAM CC.513/2002 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... REVISION PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------- P.G.KAMALAKSHIYAMMA, AGED 70 YEARS D/O. SANKARA MARAR, PADMA NIVAS POOZHIKOL.P.O.,KADUTHURUTHY, KOTTAYAM. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENT/RESPONDENT/COMPLAINANT/STATE: -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. P.N.JAYAN VALIYAVEETTIL KADUTHURUTHY.P.O., KOTTAYAM DIST. BY ADV SRI.REJI JOSEPH FOR R2 PUBLIC PROSECUTOR: SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2420 of 2009 --------------------------------------- Dated this 29th day of June 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Kottayam in Crl. Appeal No. 82 of 2005 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.7366 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7366 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.7366 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/