IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 CRL.REV.PET.NO. 2211 OF 2009() ------------------------------------------ CRA.398/1999 OF ADDL. SESSIONS JUDGE (FAST TRACK - ADHOC-II), THIRUVANANTHAPURAM CC.1050/1997 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: -------------------------------------------------------------- M.M. ILLYAS, S/O.MOHD. KOUSE, KADAYIL VEEDU, KOTTARAM THURUTH PERUMATHURA. BY ADV. SMT.S.MUMTAZ RESPONDENT(S) - COMPLAINANT - STATE: ------------------------------------------------------- 1. SUBAIDA BEEVI, D/O. KASSIM PILLAI, A.A. HOUSE, NJARAYIKONAM, MADAVOOR VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SUBHASH CYRIAC FOR R1 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2211 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Fast Track - Adhoc-II), Thiruvananthapuram in Crl. Appeal No.398 of 1999 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.6650 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.6650 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.6650 of 2009 is allowed. The composition entered between 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. 4. It is submitted by counsel that petitioner is undergoing imprisonment in Central Prison, Thiruvananthapuram. It is directed CRL. R.P. No.2211 of 2009 -: 2 :- that petitioner shall be released from jail forthwith if not required to be detained otherwise. Issue intimation to the Superintendent of Central Prison, Thiruvananthapuram, immediately. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv THOMAS P.JOSEPH, J. =================== CRL. R.P. NO. OF 2000 =================== O R D E R JUNE, 2009