IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Crl.Rev.Pet.No. 1874 of 2009() ------------------------------ CRA.71/2008 of SESSIONS COURT, PATHANAMTHITTA CC.889/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------ LISSY PRADEEP, KULATHUMKAL HOUSE, PERUNNA, CHANGANASSERY. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE -------------------------- 1. N.G.BALAKRISHNAN, THOPPIL HOUSE, VAZHAPPALLY.P.O, CHANGANSSERY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.M.SALIM FOR R1 PUBLIC PROSECUTOR SHRI KAMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1874 of 2009 -------------------------------------- Dated this the 15th day of June, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge , Pathanamthitta in Crl.Appeal No.71 of 2008 confirming conviction of petitioner but modifying 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.5682 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.5682 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.5682 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