IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 CRL.REV.PET.NO. 1608 OF 2009() ------------------------------ CRA.282/2007 OF ADDL. SESSIONS COURT, (ADHOC), PALAKKAD ST.5185/2005 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... REVN. PETITIONER(S) - APPELLANT - ACCUSED: ------------------------------------------------------------- BHAGEERADHAN, S/O. MADHAVAN, KRISHNAKRIPA, PADALIKKAD, KOTTEKKAD, PALAKKAD. BY ADV. SRI.BENOJ C AUGUSTIN RESPONDENT(S) - COMPLAINANT - RESPONDENTS: ----------------------------------------------------------------- 1. SUNIL KUMAR, S/O. APPU, CHELLIKAD, KANNADY, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.SAIJO HASSAN FOR R1 BY PUBLIC PROSECUTOR SHRI RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1608 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of May, 2009 O R D E R -------------- This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-I), Palakkad in Crl. Appeal No.282 of 2007 confirming conviction for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”) but modifying the substantive sentence of imprisonment till the rising of court while retaining the direction for payment of compensation. 2. Petitioner and respondent No.1 filed Crl.M.A. No.4875 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.4875 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.4875 of 2009 is allowed. The composition entered between the 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. CRL. R.P. No.1608 of 2009 -: 2 :- 4. It is submitted by counsel on both sides that petitioner is undergoing imprisonment. He shall be released from the jail forthwith if not required to be in any other case. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv