IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Crl.Rev.Pet.No. 1907 of 2008() ------------------------------ CRA.379/2006 of ADDL. DISTRICT & SESSIONS FAST TRACK COURT (ADHOC-I), KOZHIKODE CC.43/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------- VINAYAN,S/O.NARAYANAN NAIR,AGED 30 KAKKANAKANDY HOUSE, ERAVATTUR AMSOM, EDAVARAD DESOM,KOYILANDY TALUK. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENTS: STATE AND COMPLAINANT ------------------------------------------------ 1. THE STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR. 2. RAMACHANDRAN,S/O. KUNHIKRISHNAN NAIR ILLATH HOUSE, KOTTOOR AMSOM, NARAYAMKULAM DESOM, KOYILANDY TALUK. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR R1 BY ADV. SRI.C.SHAJI THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 1907 of 2008 ===================== Dated this the 12th day of June, 2008. ORDER The accused in C.C. No.43 of 2005 on the file of the Judicial First Class Magistrate-I, Perambra 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. 5724 of 2008 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(8) Cr.P.C. The sum of Rs.10,000/- deposited by the revision petitioner before the trial court shall be permitted to be withdrawn by the 1st respondent/complainant. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. rv