IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.Rev.Pet.No. 78 of 2009(D) ----------------------------- CRA.797/2007 of Additional District & Sessions Judge, Kozhikode ST.373/2006 of the Special Judicial First Class Magistrate (Marad cases), Kozhikode. .................... REVN. PETITIONER: ---------------------------- SEBASTIAN.T AGED 70 YEARS, S/O.JOSEPH, THEKKAYIL HOUSE CHEVAYUR PO, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ------------------------- 1. ABDUL GAFOOR.M ROOM NI.22, MOFUSIL BUS STAND BUILDING, KOZHIKODE NOW RESIDING AT MADATHIL HOUSE, MANDAMKAVU PO NADAVANNUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED SRI.CIBI THOMAS FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = Crl.R.P.No.78 of 2009 = = = = = = = = = = = = = = Dated this the 13th day of February, 2009. ORDER The accused in S.T. No.373 of 2006 on the file of the Special Judicial First Class Magistrate, Kozhikode 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.1584 of 2009 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 Crl.R.P.No.78/2009 - 2 - 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 Section 320(8) of Cr.P.C. Money, if any, deposited pursuant to orders, if any, passed by the lower appellate court shall be refunded to the revision petitioner/accused. This Crl.R.P. is disposed of as above. Dated this the 13th day of February, 2009. Sd/- V. RAMKUMAR, JUDGE. Skr // True copy // P.A. to Judge