IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 CRL.REV.PET.NO. 2408 OF 2009() ---------------------------------------------- CRA.805/2007 OF SPL.COURT SPE/CBI-II & IV ADDL.SESSIONS COURT, ERNAKULAM CC.1091/2003 OF JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... REVN. PETITIONER(S) -APPELLANT - ACCUSED: ------------------------------------------------------------- T.S. THANUJA, SREEMANDIRIAM, MANCHANKATTU KAVALA, KURIKKADE P.O., THIRUVANKULAM. BY ADV. SMT.R.SUDHA RESPONDENT(S) - RESPONDENTS - COMPLAINANT & STATE: ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P. GOPALAKRISHNAN NAIR, GOKULAM HOUSE, SREEMOOLANAGARAM P.O. ALUVA. ADV. SMT.TEENA CHERIAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2408 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of July, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge, Ernakulam in Crl. Appeal No.805 of 2007 confirming conviction but modifying sentence of petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). 2. Petitioner and respondent No.2 filed Crl.M.A No.7325 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7325 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.7325 of 2009 is allowed. The composition entered between petitioner and respondent No.2 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