IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 CRL.REV.PET.NO. 2764 OF 2009() ----------------------------------------------- CRA.73/2008 OF SESSIONS COURT, PATHANAMTHITTA CC.1398/2003 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------ KRISHNAKUMAR, K.P.S.I., K.A.P.POLICE TRAINING COLLEGE, THYCAUD, THIRUVANANTHAPURAM RESIDING AT GEETHA BHAVANAM, T.C.NO.I/1434, THIRUMALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.ABRAHAM SAMSON SMT.DEEPTHI S.MENON RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------------------------------- 1. SAMUEL.P VARGHESE, RESIDING AT KARTHIKA, T.C.NO.76/39, CHETTIVILAKATHU, MAHATHATTU LANE, ANAYARA P.O., THIRUVANANTHAPURAM. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. ADV. SMT.DEEPTHI S.MENON FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2764 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Sessions Judge, Pathanamthitta in Crl. Appeal No.73 of 2008 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.8616 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.8616 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.8616 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