IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Crl.Rev.Pet.No. 1736 of 2009() ------------------------------ CRA.707/2005 of SESSIONS COURT, KOTTAYAM CC.190/2000 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- M.T.NOUSHAD, MANGALATH HOUSE, THALAYOLAPARAMBU P.O., THALAYOLAPARAMBU KARA, VADAYAR VILLAGE. BY ADV. SRI.MATHEW JOHN K. RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE: --------------- 1. VINAYAKA MUTUAL FUND, VAIKOM, REP. BY ITS MANAGING PARTNER, GOPALAKRISHNAN NAIR, S/O.GOPINATHAN NAIR, MANIMANDIRATHIL HOUSE, PADINJATTUMCHERI, THEKKEMURI, VAIKOM VILLAGE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.R.PADMARAJ FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 3.6.2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1736 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of June, 2009 O R D E R -------------- THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO. 1736 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of June, 2009 O R D E R -------------- This revision is in challenge of the judgment of learned Sessions Judge, Kottayam in Crl. Appeal No.707 of 2003 confirming conviction and sentence 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.5302 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from application No.5302 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.5302 of 2009 is allowed. The Crl.R.P.No.1736/2009 -: 2 :- 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 Code of Criminal Procedure. It is submitted by counsel for petitioner that petitioner is undergoing imprisonment in the Central Prison, Thiruvananthapuram. Therefore, it is directed that the petitioner will be released from the jail forthwith if not required to be detained otherwise. Issue intimation to the Superintendent of Central Prison, Thiruvananthapuram. Criminal Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv