IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Crl.Rev.Pet.No. 2426 of 2009() ------------------------------ CRA NO.156/2006 OF ADDITIONAL DISTRICT AND SESSIONS COURT (ADHOC- III), KASARAGOD. CC NO.433/2005 OF JUDICIAL FIRST CLASS MAGISTRATE-II, KASARAGOD REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- MAMMU, AGED 50 YEARS, S/O.AHAMMEDKUNHI, NR.KOTTA, ARIKADY POST, KUMBLA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE: --------------- 1. YUSUF M.B., S/O.BADUVMKUNHI HAJI, FAZEENA MANZIL, BANDIYOD, P.O.MANGALPADY. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.SIJU MATHEW FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2426 of 2009 -------------------------------------- Dated this the 30th day of July, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-III), Kasaragod in Crl.Appeal No.156 of 2006 confirming conviction and 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.7382 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7382 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.7382 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