IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Crl.Rev.Pet.No. 2561 of 2009() ------------------------------ CRA.790/2006 of ADDL.SESSIONS COURT, KOZHIKODE ST.1535/2005 of JUDICIAL FIRST CLASS MAGISTRATE, KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- E SUKU S/o. ERANGOT BALAN ERANGOT HOUSE, POOVANGAL P O KOMMERI KOZHIKODE BY ADV. SRI.NIRMAL. S RESPONDENT/RESPONDENT/COMPLAINANT & STATE: --------------- --------------- 1. K SUSHEELA D/o. LATE APPUTTY KAITHAKKAL CHERUKUNNAMMAL HOUSEM SUSHANTHI NIVAS P O GA, COLLEGE, PALAZHIPALA CALICUT – 14 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM ADV. SRI.P.A.HARISH FOR R1 PUBLIC PROSECUTOR : SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2561 of 2009 --------------------------------------- Dated this 07th day of August 2009 ORDER This revision is in challenge of judgment of learned Additional District & Sessions Judge, Kozhikode in Crl. Appeal No. 790 of 2006 confirming conviction and sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.1 filed Crl.M.A.No.7794 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7794 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.7794 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 Sec.320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/