IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.Rev.Pet.No. 1517 of 2009() ------------------------------ CRA.255/2006 of ADDL. SESSIONS COURT, FAST TRACK-II (ADHOC), THRISSUR CC.518/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED (IN CUSTODY): --------------------- K.P.ABDULLAKUTTY,S/O.BEERANKUTTY, KONGANTEPURAKKAL HOUSE,CHELLYPADI,ALUNGAL BEACH, MALAPPURAM DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE: --------------- 1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. P.K.HYDROSEKUTTY,S/O.KUNHIMAMMU HAJI, PUTHUVEETTIL HOUSE,THIRUVATHIRA P.O, MANATHALA,CHAVAKKAD TALUK. PUBLIC PROSECUTOR SHRI RAVINDRA BABU FOR R1 ADV. SRI.M.L.SURESH KUMAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1517 of 2009 -------------------------------------- Dated this the 4th day of June, 2009. ORDER This revision is in challenge of the judgment of learned Additional Sessions Judge (Adhoc), Fast Track-II, Thrissur confirming conviction and sentence of the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). 2. Petitioner and respondent No.2 filed Crl.M.A.No.4586 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.4586 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.4586 of 2009 is allowed. The composition entered between the petitioner and respondent No.2 is accepted and that shall have the effect of acquittal of the petitioner under Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. Crl.R.P.No.1517/2009 2 Crl.M.A.No.4594 of 2009 will stand dismissed. THOMAS P.JOSEPH, Judge. cks