IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 CRL.REV.PET.NO. 2620 OF 2009() --------------------------------------------- CRL. APPEAL NO.384 OF 2008, ADDITIONAL SESSIONS COURT-I PALAKKAD IN S.T. NO.841 OF 2005, JUDICIAL FIRST CLASS MAGISTRATE, PATTAMBI REVN. PETITIONER(S): APPELLANT/2ND ACCUSED --------------------------------------------------------------------- M.SURESH,S/O.SATHIANARAYANAN MENON, AGED 42 YEARS,KUNIMAL PARANGATTIL HOUSE, P.O.NADUVATTOM,PATTAMBI,PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------- 1. M.P.KRISHNAN,S/O.SANKARAN EZHUTHACHAN, AGED 56 YEARS,PADINJHAKKARA MARKKAM THADATHIL HOUSE,MANNEMGODU DESOM,CHERUKODE AMSOM,OTTAPALAM TALUK,PALAKKAD. 2. STATE OF KERALA,REPRESENTED BY P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.C.DILIP FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2620 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, Palakkad in Crl. Appeal No.384 of 2008 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.1 filed Crl.M.A No.7969 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7969 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.7969 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. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv