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. 2675 OF 2008() ------------------------------ CRA NO.667/2007 OF ADDITIONAL SESSIONS COURT (ADHOC-II), ERNAKULAM. CC NO.1045/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM. REVN. PETITIONER(S) - APPELLANT - ACCUSED: -------------------------------------------------------------- ASIS P.S. S/O.SAINUDHEEN, AGED 46, PULIKKAPARAMBIL HOUSE EDAPPALLY TOLL GATE, GODWON ROAD, EDAPPALLY P.O.,KOCHI-24 BY ADV. SRI.PHILIP MATHAI RESPONDENT(S) - RESPONDENT - COMPLAINANT: ------------------------------------------------------------- 1. JOSEPH T.C., S/O.CHUMMAR THAYANKERY HOUSE, NEAR PARUTHELIL PALAM EDAPPALLY P.O.,KOCHI-24 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM ADV. SRI.T.MADHU FOR R1 BY PUBLIC PROSECUTOR SHRI C.S. HRITHWIK 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.2675 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = = 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.667 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.7598 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.7598 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.7598 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