IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Crl.Rev.Pet.No. 1391 of 2009 ------------------------------ CRA.19/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA ST.1876/2005 of JUDL. MAGISTRATE OF FIRST CLASS, ADIMALY .................... REVN. PETITIONER/APPELLANT/ACCUSED: -------------------------------------- C.P.SHAJI, S/O.MADHAVAN, CHERIYAMACKAL VEEDU, PANIKKANKUDI KARA, KONNATHADI VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.M.D.SASIKUMARAN SRI.P.J.JOSEPH SRI.GEORGE MATHEW RESPONDENTS/RESPONDENTS/ COMPLAINANT AND STATE: ------------------------------------ 1. SYAMALA, D/O.KUNJUMON, KOLAMAKKUDIYIL VEEDU, 1000 ACRE KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.RAINGE FOR R1 PUBLIC PROSECUTOR : SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON 04/08/2009 PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.1391 of 2009 --------------------------------------- Dated this 04th day of August 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge for N.D.P.S Act Cases, Thodupuzha in Crl. Appeal No. 19 of 2008 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.7456 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7456 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.7456 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/