IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.Rev.Pet.No. 2042 of 2009() ------------------------------ CRA.92/2009 of SESSIONS JUDGE, ERNAKULAM CC.65/2006 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,PERUMBAVOOR .................... PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------- A.K.SUGATHAN, AGED 51 YEARS, S/O.KUNJAYYAN, AMBATTU HOUSE, KALADY KARA, KALADY. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------- 1. K.PRABHAKARAN, AGED 50 YEARS, S/O.KUMARAN, AJANTHA, KALADY KARA, KALADY. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.G.RAJAGOPAL FOR R1 SRI.THOMAS M.JACOB FOR R1 PUBLIC PROSECUTOR: SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2042 of 2009 --------------------------------------- Dated this 18th day of August 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge, Ernakulam in Crl. Appeal No. 92 of 2009 confirming conviction but modifying the sentence of petitioner for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”) 2. Petitioner and respondent No.1 filed Crl.M.A.No.8092 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A.No.8092 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 Sec.138 of the Act is made compoundable under Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.8092 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 Sec.320(8) of the Code of Criminal Procedure. Revision Petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/