IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Crl.Rev.Pet.No. 2270 of 2009() ------------------------------ CRA.521/2006 of II ADDL. SESSIONS COURT, PALAKKAD ST.3383/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ------------------------------------------------- RAJESH SCARIA,AGED 32 YEARS, S/O.SCARIA,KOLADI VEEDU,VADAKKENCHERY POST, ALATHUR TALUK,PALAKKAD. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------- 1. ALOUSIOUS,S/O.N.P.GEORGE,AGED 37 YEARS, MUTTANKOTTIL VEETTIL,NAIRTHARA, VADAKKENCHERY,ALATHUR. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 SRI.LAWRENCE D'CUNHA FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2270 of 2009 -------------------------------------- Dated this the 14th day of July, 2009. ORDER This revision is in challenge of judgment of learned II Additional Sessions Judge, Palakkad in Crl.Appeal No.521 of 2006 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.1 filed Crl.M.A.No.6847 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6847 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.6847 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