IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Crl.Rev.Pet.No. 1959 of 2009() ------------------------------ CRA.208/2006 of STC.1501/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: -------------------------------------- MOIDU.K.K.,S/O.POCKU,AGED 47 YEARS, AZEEMA MANZIL,P.O.MOOZHIKKARA,THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): RESPONDENT/COMPLAINANT & STATE --------------------------------------------- 1. K.C.BASHEER,PROPRIETOR,MARBLE VILLAGE, KADIRUR P.O.,KADIRUR AMSOM DESOM, KANNUR DISTRICT. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.N.A.SHAFEEK FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.1959 of 2009 --------------------------------------- Dated this 23rd day of June 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Adhoc-II, Thalassery in Crl. Appeal No. 208 of 2006 confirming conviction and sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.1 filed Crl.M.A.No.5959 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.5959 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.5959 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 Sec.320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/