IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.Rev.Pet.No. 920 of 2003() ----------------------------- CRA.54/2000 of ADDL. SESSIONS COURT, KOLLAM CC.398/1994 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- K.A. CHERIYAN, KARIMGANAMPOYKAYIL, S.N. PURAM P.O., PAMPADY. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------- 1. M/S. ASIAN INVESTMENTS, REPRESENTED BY THE MANAGING PARTNER, CSI SQUARE BUILDING, SASTRI ROAD, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.T.SHYAMKUMAR FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P. NO.3445/2003 IN CRL. R.P NO.920/2003 DISMISSED 2.7.2009. Sd/-THOMAS P.JOSEPH, JUDGE //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.920 of 2003 -------------------------------------- Dated this the 2nd day of July, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Kottayam in Crl.Appeal No.54 of 2000 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.5844 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.5844 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.5844 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 2 Thomas P.Joseph, J. Crl.R.P.No.920 of 2003 ORDER 2nd July, 2009.