IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.Rev.Pet.No. 2119 of 2009() ------------------------------ CRA.708/2007 of SESSIONS COURT, ERNAKULAM ST.2593/2004 of JUDL.MAGISTRATE OF FIRST CLASS , PARAVUR .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- BIJU KUMAR T.A., THAIPPURAYIL HOUSE, C/O.AMBILI K.S., KALLIPARAMBIL, THATTAMPADY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENT(S)/RESPONDENTS/COMPLAINANTS: --------------- 1. STATE OF KRALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KRALA AT ERNAKULAM. 2. ANIL P.P., S/O.PRAKASAN, PALLATH HOUSE, EARADIPPARAMBIL, MANNAM P.O., NORTH PARAVUR, ERNAKULAM DISTRICT. ADV. SRI.B.R.MURALEEDHARAN FOR R2 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2119 of 2009 -------------------------------------- Dated this the 2nd day of July, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge, Ernakulam in Crl.Appeal No.708 of 2007 confirming conviction and 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.6437 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6437 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.6437 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