IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Crl.MC.No. 126 of 2008() ------------------------ C.C. NO. 126 OF 1994 OF THE J.F.C.M. TALIPARAMBA PETITIONER: APPELLANT/ACCUSED ----------------------------- T.KUMARAN, THALIYATH, KOOVODE, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.H.BADARUDDIN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. M.K.PADMANABHAN, S/O RAGHAVAN NADUVIL, KARUVANCHALIL, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.K.K.MOIDEEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No.126 of 2008 * * * * * * * * * * * * * * * * * * Dated: 11-01-2008 ORDER The accused in C.C. No. 126 of 1994 on the file of the Judicial Magistrate of the First Class, Taliparamba 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 petition , the parties have settled the matter. Crl.M.A.No. 163 of 2008 has been filed under Section 147 of the Negotiable Instruments Act, 1881 seeking permission to record the composition entered into between the petitioner and the Ist respondent/complainant. The said petition has been signed by both the 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 petitioner within the meaning of Sec. 320 (8) Cr.P.C. This Crl.M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani. V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No..................... * * * * * * * * * * * * * * * * * * Dated: 24th August 2007 ORDER 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. Money, if any, deposited by the revision petitioner pursuant to the 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. V. RAMKUMAR, (JUDGE) ani. V. RAMKUMAR, (JUDGE) ani.