IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.Rev.Pet.No. 2050 of 2009() ------------------------------ CRA.476/2006 of II ADDL.SESSIONS COURT, KOLLAM CC.1395/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ---------------------------------------------------------- SURESH KUMAR.S.,S/O.SUKUMARAN, CHARUVILA VEEDU,URVASI TRAVELS, PANKUVILA VEEDU (NEDUNGOLAM P.O.), PARAVUR VILLAGE,KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH SMT.MINI GANGADHARAN RESPONDENT(S): RESPONDENTS/STATE & COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. K.BALAKRISHNA PILLAI,KANNATHU VEEDU, MYLAM MURI,MULAM VILLAGE,KOTTARAKKARA. PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R1 SRI.NISHIL.P.S. FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2050 of 2009 -------------------------------------- Dated this the 17th day of July, 2009. ORDER This revision is in challenge of judgment of learned II Additional Sessions Judge, Kollam in Crl.Appeal No.476 of 2006 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.6897 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6897 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.6897 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