IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.Rev.Pet.No. 2684 of 2009() ------------------------------ CRA.1193/2003 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM CC.174/2000 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ---------------------------------------------------------- SUNNY KURIAN, S/O.K.P.KURIAKOSE, AGED 55 YEARS, BUSINESS, KARAKKATT HOUSE, KUMARAPURAM, MORAKKALA, PALLIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.DENY JOSEPH RESPONDENT(S): RESPONDENTS/COMPLAINANT/STATE -------------------------------------------- 1. MARTIN MATHEW THOMAS, S/O.M.M.THOMAS, KOOTTOOR HOUSE, JUNIOR JANATHA ROAD, VYTTILA, KOCHI - 19. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI P.R.JAYAKRISHNAN FOR R2 ADV. SHRI JOSEPH K\J.THAYEMKERI FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2684 of 2009 -------------------------------------- Dated this the 19th day of August, 2009. ORDER This revision is in challenge of judgment of learned Additional Sessions Judge (Adhoc-I), Ernakulam in Crl.Appeal No.1193 of 2003 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.8207 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.8207 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.8207 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks