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. 2562 of 2009() ------------------------------ CRA.345/2000 of ADDITIONAL SESSIONS COURT, KASARAGOD CC.1130/1998 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------- SHIVAMOORTHY AGED 38 YEARS, S/o. THIMMAPPA CHETTIYAR SHIVA CLOTH STORES, BADIADKA P O PERDALA KASARAGOD TALUK BY ADV. SRI.S.JIJI RESPONDENT/RESPONDENT/COMPLAINANT: ------------- --------------- 1. STATE OF KERAL REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. BHASKARA CHETTIYAR AGED 41 YEARS, S/o. RAMA CHETTIYAR GANESH MANDIR, BADIADKA P O PERDALA ADV. SMT.C.G.PREETHA FOR R2 PUBLIC PROSECUTOR : SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2562 of 2009 --------------------------------------- Dated this 07th day of August 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Kasaragod in Crl. Appeal No. 345 of 2000 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.2 filed Crl.M.A.No.7796 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7796 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.7796 of 2009 is allowed. The composition entered between petitioner and respondent No.2 is accepted and that shall have the effect of acquittal of petitioner under Sec.320(8) of the Code of Criminal Procedure. sentenced Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/