IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Crl.Rev.Pet.No. 2615 of 2009() ------------------------------ CRA.618/2007 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM CC.3293/2003 of JUDL.MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- SUNISHKUMAR T.S., S/O.SREEDHARAN, AGED 39 YEARS, THEKKUMKOOTTATHIL HOUSE, POOPRAMANA P.O., KAYANADU, MUVATTUPUZHA. BY ADV. SRI.C.V.JOHNY RESPONDENT(S)/RESPONDENTS/COMPLAINANT: --------------- 1. MAHADEVAN, S/O.VASU, KAYANIKKAL HOUSE, KADATHI KARA, MEKADAMBU P.O., MUVATTUPUZHA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.VINUCHAND FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2615 of 2009 -------------------------------------- Dated this the 12th day of August, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-I), Ernakulam in Crl.Appeal No.618 of 2007 confirming conviction but modifying 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.7956 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7956 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.7956 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 Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks