IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Crl.Rev.Pet.No. 1181 of 2009() ------------------------------ CRA.441/2004 of ADDL.SESSIONS COURT, FAST TRACK COURT (ADHOC)-III, MANJERI CC.517/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... REVISION PETITIONER/APPELLANT/ACCUSED:- ------------------------------------------------------ THOMAS JOSEPH,AGED 36 YEARS, S/O.K.M.THOMAS, KOKKATT HOUSE, P.O.PULLIPPADAM, NILAMBUR TALUK,MALAPPURAM DISTRICT. BY ADV. MR. P.SAMSUDIN RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:- --------------------------------------------------------------- 1. MUHAMMED HAJI, AGED 70 YRS,VALAPRA HOUSE CHANDAKUNNU(PO),NILAMBUR,NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31. ADV. MS. MARY BEENA JOSEPH FOR R1 MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 1181 of 2009 ================= Dated this the 1st day of April, 2009. ORDER The accused in C.C. No.517 of 2002 on the file of the Judicial First Class Magistrate, Nilambur 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. 3532 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 before the trial court pursuant to the orders, if any, passed by the superior courts shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 1st day of April, 2009. V. RAMKUMAR, JUDGE. rv