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. 2734 OF 2008() ------------------------------------------- CRA.668/2007 OF ADDITIONAL SESSIONS JUDGE (ADHOC-II), ERNAKULAM CC.1047/2003 OF JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: ----------------------------------------------------------- ASIS P.S. S/O. SAINUDHEEN, AGED 46, PULIKKAPARAMBIL HOUSE, EDAPPALLY TOLL GATE, GODOWN ROAD, EDAPPALLY P.O., KOCHI - 24. BY ADV. SRI.PHILIP MATHAI SRI.R.MURALEEKRISHNAN SRI.P.M.MUJEEB REHIMAN SMT.V.SREEJA RESPONDENT(S) - RESPONDENTS - COMPLAINANT: ----------------------------------------------------------------- 1. JOSEPH T.C. S/O.CHUMMAR, THAYANKERY HOUSE, NEAR PARTUTHELIL PALAM, EDAPPALLY P.O., KOCHI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.T.MADHU FOR R1 SRI.SAIN PAUL ALUNKAL FOR R1 BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2734 of 2734 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of August, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-II), Ernakulam in Crl. Appeal No.668 of 2007 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.7564 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7564 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.7564 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