IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.Rev.Pet.No. 2092 of 2008() ------------------------------ CRA.217/2007 of ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM CC.345/2004 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------ 1. M/S.ROHINI ENGINEERING COMPANY, KANJIKODE (WEST), PALAKKAD 678 623, REPRESENTED BY ITS MANAGING PARTNER, P.E.VENKATESH. 2. P.E.VENKATESH, THE MANAGING PARTNER, M/S.ROHINI ENGINEERING COMPANY, KANJIKODE (WEST), PALAKKAD 678 623. 3. MR.ANAND.V., PARTNER, M/S.ROHINI ENGINEERING COMPANY, KANJIKODE (WEST), PALAKKAD 678 623. BY ADV. SRI.K.VINOD CHANDRAN RESPONDENTS: RESPONDENT/COMPLAINANT: ------------------------------------ 1. MATHER CONSTRUCTIONS, KODIYATT CHAMBERS, RAJAJI ROAD, COCHIN 682 035, REPRESENTED BY ITS MANAGING PARTNER MOHAMMED RAFFI MATHER. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.MOHAN IDICULLA ABRAHAM FOR R1 PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 2092 of 2008 * * * * * * * * * * * * * * * * Dated: 26-06-2008 ORDER The accused in C.C. 354 of 2004 on the file of the J.F.C.M.I, Kochi 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. 6302 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. 3. The amount of Rs. 70,000/- (Rupees seventy thousand only deposited by the Revision Petitioners before the trial court shall be directed to be withdrawn by the first respondent/complainant. This Crl. R.P. is disposed of as above. Dated this the 26 th day of June 2008. V. RAMKUMAR, (JUDGE) ani.