IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Crl.Rev.Pet.No. 1896 of 2005() ------------------------------ CRLAPPEAL NO.425/2004 OF ADDL.SESSIONS COURT, KOTTAYAM C.C.NO.252/2003 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM REVN. PETITIONER: APPELLANT/ACCUSED ---------------------------------------------------------------------- MATHEW SEBASTIAN @ MATHUKUTTY, KUTTAMPEROOR CHACKALACKAL, COCHI COCONUT OIL, VATTAPPALLY JUNCTION, CHANGANACHERRY, RESIDING AT KUTTAMPEROOR, CHACKALACKAL, MADAPPALLY P.O., MADAPPALLY VILLAGE. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: RESPONDENTS/STATE & COMPALAINANT ------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.A.CHERIAN (CHACHAPPAN), KARTHIKAPPALLY HOUSE, VETTITHURUTHI, CHANGANACHERRY P.O., VAZHAPPALLY WEST VILLAGE. BY ADV. SRI.VARGHESE C.KURIAKOSE PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No. 1896 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 ORDER The petitioner, who is the accused in C.C. No. 252 of 2003 on the file of the Chief Judicial Magistrate, Kottayam 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.2597of 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Cr.P.C. The sum of Rs.50,000/-(Rupees fifty thousand only) deposited before the trial court shall be permitted to be withdrawn by the 2nd respondent/complainant. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE sj