IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Crl.Rev.Pet.No. 707 of 2009() ----------------------------- CRA.836/2005 of SESSIONS COURT, TRIVANDRUM CC.211/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------------- SULI, S/O.LEELA, CHIRAYIL VEEDU, VADASSERIKONAM, VARKALA, CHIRAYINKEEZHU TALUK. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. O.AYOOB, BENGLAVIL HOUSE, MELVEPPOOR DESOM, VETTOOR VILLAGE, VARKALA, CHIRAYINKEEZHU. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.M.CHANDRA BOSE FOR R1 PUBLIC PROSECUTOR SRI. JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 707 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 4th day of March, 2009 O R D E R The accused in C.C. No.211/2000 on the file of the Judicial First Class Magistrate Court, Varkala 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. 2111 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 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. mn.