IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 CRL.REV.PET.NO. 1694 OF 2009() ---------------------------------------------- CRA.519/2003 OF ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY CC.57/2003 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: --------------------------------------------------------------- SHAJU, THEKKUMKATTIL, S/O. JAMES, PAISAKKARI, PAYYAVOOR P.O., PAYYAVOOR AMSOM, TALIPARAMBA TALUK, KANNUR DIST. BY ADV. SRI.V.T.MADHAVANUNNI RESPONDENT(S) - COMPLAINANT & STATE: -------------------------------------------------------- 1. SHAJU JOSE, S/O. JOSE, KALAPPURAKKAL HOUSE, P.O,. PAYYAVOOR, PAYYAVOOR AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DIST. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. ADV. SRI.V.A.SATHEESH FOR R1 BY PUBLIC PROSECUTOR SHRI RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1694 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of May, 2009 O R D E R -------------- This revision is in challenge of the judgment of learned Additional Sessions Judge (Adhoc-III), Thalassery in Crl. Appeal No.519 of 2003 confirming conviction but modifying sentence for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). 2. Petitioner and respondent No.1 filed Crl.M.A. No.5164 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5164 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.5164 of 2009 is allowed. The composition entered between the petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of the petitioner under Section 320(8) of Code of Criminal Procedure. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv