IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Crl.Rev.Pet.No. 4562 of 2006() ------------------------------ CRA.5/2006 of VI ADDL.SESSIONS COURT, ERNAKULAM CC.446/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- K.G. SURESH BABU, AGED 42 YEARS, MAINTENANCE FITTER, (WORK SHOP)FACT, ELOOR DIVISION, RESIDING AT FACT QUARTERS, E-13, ELOOR. BY ADV. SRI.P.GEORGE VARGHESE RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. K.K. RAVEENDRAN, AGED 45 YEARS, KANNANGAYATH HOUSE, KANJIRAMATTOM P.O., ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.M.R.NANDAKUMAR FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.4562 of 2006 -------------------------------------- Dated this the 28th day of May, 2009. ORDER This revision is in challenge of the judgment of learned VI Additional Sessions Judge, Ernakulam confirming conviction of the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) but modifying the substantive sentence and the amount of compensation directed to be deposited by the petitioner. 2. Petitioner and respondent No.1 filed Crl.M.A.No.3081 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.3081 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.3081 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 the Code of Criminal Procedure. Crl.R.P.No.4562/2006 2 Revision Petition is disposed of as above. Crl.M.A.No.13272 of 2006 will stand dismissed. THOMAS P.JOSEPH, Judge. cks