IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.Rev.Pet.No. 2354 of 2009() ------------------------------ CRA.789/2006 of II ADDL. SESSIONS COURT, TRIVANDRUM ST.154/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT-VI, TRIVANDRUM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ---------------------------------------------------------- MUHAMMED IQBAL, PROPRIETOR M/S.AIR INTERNATIONAL TOURS AND TRAVELS, N.G.O. UNION BUILDING,P.M.G.JUNCTION, THIRUVANANTHAPURAM. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN SRI.N.JAMES AUGUSTINE RESPONDENT(S): RESPONDENTS/STATE/COMPLAINANT ------------------------------------------- 1. M/S.UNIVERSAL TOURS & TRAVEL, THIRUVANANTHAPURAM REPRESENTED BY THE MANAGING PARTNER,MATHEW VARGHESE. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, THIRUVANANTHAPURAM. ADV. SRI.R.V.SUJIT KUMAR FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2354 of 2009 -------------------------------------- Dated this the 23rd day of July, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge-II, Thiruvananthapuram in Crl.Appeal No.789 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.1 filed Crl.M.A.No.7151 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.7151 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.7151 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 Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks