IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 CRL.REV.PET.NO. 2210 OF 2009() ------------------------------ CRA.162/2009 OF SESSIONS COURT, ALAPPUZHA CC.86/2007 OF JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: ------------------------------------------------------------- T.V. PRABHAKARAN, S/O. VASU, THAIPARAMBIL, ARTUNKAL P.O., CHERTHALA. BY ADV. SRI.ARUN.B.VARGHESE SRI.V.R.HARI RESPONDENT(S) - RESPONDENTS - COMPLAINANT: ---------------------------------------------------------------- 1. T.K. GOPI, S/O. KRISHNAN, THERUVIL VEEDU, MARARIKULAM NORTH, KANICHUKULANGARA P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.T.P.DEYANANTHAN FOR R1 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2210 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Sessions Judge, Alappuzha in Crl. Appeal No.162 of 2009 confirming conviction and sentence 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.6676 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.6676 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.6676 of 2009 is allowed. The composition entered between 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