IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Crl.Rev.Pet.No. 2228 of 2009 ------------------------------ CRA.578/2006 of ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM CC.1778/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER/ACCUSED: ----------------------------- P.K.SURESH, S/O.KARTHIKEYAN, AGED 40, PADINJAREPOTTAYIL ELLATHU VEEDU, KEDAMANGALAM, NORTH PARUR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.R.MURALEEKRISHNAN RESPONDENT/COMPLAINANT: --------------------------- 1. BEENA SAGEER, W/O.LATE AHAMMED SAGEER, KIZHAKKEVEETIL HOUSE, EDAVANAKKADU VILLAGE, KOCHI TALUK, ERNAKULAM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.PREMCHAND R.NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/07/09,THE COURT ON 10/07/2009 PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2228 of 2009 --------------------------------------- Dated this 10th day of July 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, (Adhoc-II), Ernakulam in Crl. Appeal No. 578 of 2006 confirming conviction but modifying 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.6736 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.6736 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.6736 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/