IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 CRL.REV.PET.NO. 2611 OF 2009() ---------------------------------------------- CRL. APPEAL NO.28 OF 2008, ADDITIONAL DISTRICT AND SESSIONS COURT (ADHOC) FAST TRACK COURT-III AGAINST C.C. NO.908 OF 2006, JUDICIAL FIRST CLASS MAGISTRATE-I PATHANAMTHITTA REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------- K.SAJUMON, S/O.K.M.KUTTAPPAN, KADALIKATTIL VEEDU, KATTAMPACK P.O., KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE RESPONDENT(S): STATE AND COMPLAINANT --------------------------------------------------------------- 1. L.S.AJOY, S/O.LATE P.R.SUKUMARAN NAIR, LAKSHMIVILASAM (THIRUVONAM) KIZHAKKENADA, CHENGANNOOR. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.F.MOHAMMOD SIYAD FOR R1 BUY PUBLLIC PROSECUTOR SHRI C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2611 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc) Fast Track-III, Pathanamthitta in Crl. Appeal No.28 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.7946 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7946 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.7946 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