IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Crl.Rev.Pet.No. 1873 of 2009() ------------------------------ CRA.13/2008 of IV ADDL.SESSIONS COURT, ERNAKULAM CC.85/2002 of JUDICIAL FIRST CLASS MAGISTRATE, PERUMBAVOOR .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- G.ASHOK KUMAR, S/O.GOPALAN, ASHOK BHAVAN, B.O.C.ROAD, PERUMBAVOOR. BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENT(S)/RESPONDENTS/COMPLAINANT: --------------- 1. BABU JOSEPH, S/O.JOSEPH, MAZHUVANCHERRY HOUSE, RAYONPURAM P.O. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. PUBLIC PROSECUTOR SHRIM JAYAKRISHNAN FOR R2 ADV.SRI.P.K.BAIJU FOR R1 SRI.R.VISWANATH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1873 of 2009 -------------------------------------- Dated this the 15th day of June, 2009. ORDER This revision is in challenge of judgment of learned IV Additional Sessions Judge, Ernakulam in Crl.Appeal No.18 of 2008 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.5679 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.5679 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.5679 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 the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks