IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Crl.Rev.Pet.No. 4202 of 2008() ------------------------------ CRA.423/2007 of SESSIONS COURT, KASARAGOD CC.750/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- JAIN JOSEPH, AGED 38 YEARS, S/O.JOSEPH, KURICHANIL HOUSE P.O., PAKALOMATTAM, KURIVILANGAD, KOTTAYAM DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENT(S)/RESPONDENTS/STATE AND COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. WILSON PHILIP, AGED 35 YEARS, S/O.PHILIP, KAVUNNAPURAYIL HOUSE, KALLAR VILLAGE, HOSDURG TALUK, P.O.MALAKKALLU. PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R1 ADV. SHRI K.M.BASHEER FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.4202 of 2008 -------------------------------------- Dated this the 20th day of August, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge, Kasaragod in Crl.Appeal No.423 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.2 filed Crl.M.A.No.7825 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.7825 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.7825 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 Section 320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks