IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2139 of 2009()
1. C.L.SHAJI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.MATHEW PHILIP EDAPPALLIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :03/07/2009
O R D E R
THOMAS P.JOSEPH, J.
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CRL. R.P. NO. 2139 of 2009
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Dated this the 3rd day of July, 2009
O R D E R
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This revision is in challenge of judgment of learned
Additional Sessions Judge, Kottayam in Crl. Appeal No.829 of 2007
confirming conviction but modifying sentence 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.6505 of
2009 reporting settlement and seeking permission to compound the
offence.
3. It is seen from application No.6505 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.6505 of 2009 is allowed. The
composition entered between petitioner and respondent No.2 is
accepted and that shall have the effect of acquittal of the petitioner
under Section 320(8) of Code of Criminal Procedure.
Criminal Revision Petition is disposed of as above.
THOMAS P.JOSEPH, JUDGE.
vsv