IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 CRL.REV.PET.NO. 1712 OF 2009() ------------------------------------------------- CRA.670/2006 OF VI ADDL.SESSIONS COURT, ERNAKULAM CC.993/2003 OF JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ---------------------------------------------------------------- SAJEEV KUMAR, AGED 48 YEARS, S/O. RAJAN,H.NO.CC XII/1484, THANGAL NAGAR, KOCHI-6. BY ADV. SRI.K.G.SARATHKUMAR RESPONDENT(S): RESPONDENT/COMPLAINANT -------------------------------------------------------------------- 1. K.KALAIVANAN,S/O.KRISHNAN,H.NO.CC XVIII/ 13330,JASMINE, VADAKKUMTHODAM LANE, ESI ROAD, PALLURUTHY, KOCHI-6. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1712 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of June, 2009 O R D E R -------------- This revision is in challenge of the judgment of learned Additional District and Sessions Judge, Ernakulam in Crl. Appeal No.670 of 2006 confirming conviction and sentence for the 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.5211 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5211 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.5211 of 2009 is allowed. The composition entered between the 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