IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.MC.No. 707 of 2008 ------------------------ CC.67/2007 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER: ------------ SAJEEVAN,S/O.GOVINDAN NAIR, THOTTUKUNNEL HOUSE, NEAR AMBASSERYKAVU, KAKKOOR KARA,THIRUMARADI VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL SRI.VARGHESE PARAMBIL RESPONDENTS: ------------- 1. STATE OF KERALA,REP. BY ITS DE[UTY SUPERINTENDENT OF POLICE CRIME DETACHMENT, KOTTAYAM. 2. GEOJITH SECURITIES LTD,REP. BY ITS REGIONAL MANAGER, KOTTAYAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.NO. 707 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 ORDER The petitioner, who is the first accused in Crime No.273/2002 of Kottayam West Police station for an offence punishable under Section 72 of the Information Technology Act, 2000 and whose case is pending before the Judicial First Class Magistrate Court-III, Kottayam as C.C.No.67/2007, seeks to quash the final report as well as the proceedings before the Magistrate. The appropriate course for the petitioner is only to plead for a discharge at the time of hearing before the Magistrate. If according to the petitioner, even going by the allegations in the final report an offence punishable under section 72 of the I.T.Act is not made out, he can plea for a discharge before the Magistrate. Reserving this right of the petitioner, the Crl.M.C.is dismissed. V. RAMKUMAR, JUDGE ks The accused in C.C. / ST. No..................on the file of the J.F.C.M, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, challenges the conviction entered and the sentence passed against him concurrently by the courts below. 2. Pending this revision, the parties have settled the matter. Crl.M.A.No. of 2007 has been filed under Section 147 of the Negotiable Instruments Act, 1881 seeking permission to record the composition entered into between the revision petitioner and the complainant. The said petition has been signed by both the revision petitioner as well as the complainant and their respective counsels. In the light of this development, the aforementioned composition is recorded and it will have the effect of an acquittal of the revision petitioner within the meaning of Sec. 320 (8) Cr.P.C. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE sj