IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Crl.Rev.Pet.No. 1997 of 2009() ------------------------------ CRA.727/2007 of III ADDL.SESSIONS COURT, ERNAKULAM CC.144/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER/Appellant/Accused: ------------------------------------------- LATHA MATHEW, AGED 48 YEARS W/O. MATHEW, CHENNOTH HOUSE OPP.TELEPHONE EXCHANGE PALARIVATTOM, KOCHI-25 BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT/Respondents/complainant & State: ------------------------------------- --------------- BENHUR TRADERS & INVESTMENTS PVT LTD MAS BUILDINGS, ERNAKULAM, KOCHI-18 REP BY ITS POWER OF ATTORNEY HOLDER. KB PRAKASH KUMAR State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam ADV. SMT.P.A.REZIYA FOR R1 PUBLIC PROSECUTOR: SRI HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.1997 of 2009 --------------------------------------- Dated this 24th day of June 2009 ORDER This revision is in challenge of judgment of learned III Additional Sessions Judge, Ernakulam in Crl. Appeal No. 727 of 2007 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.6022 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.6022 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.6022 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/