IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.Rev.Pet.No. 1330 of 2009() ------------------------------ CRA.72/2007 of ADDL.SESSIONS COURT-III, KOZHIKODE ST.228/2006 OF THE SPECIAL JUDICIAL FIRST CLASS MAGISTRATE COURT(MARAD CASES), KOZHIKODE. .................... REVN. PETITIONER(S): ------------------------------------ P.K.GANGANAN AGED 47 YEARS, S/O.KOCHURAMAN, PULINGUZHI HOUSE, P.O.THAIKKATTUSSERY, THAIKKATTUSSERY DESOM, EDAKKUNNI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.P.G.SURESH RESPONDENT(S): ------------------------- 1. K.GANESAN, AGED 59 YEARS, S/O.KANARAN, “DAFFODIL”, CHULLIYODE, KOTTOOLI P.O, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.V.V.UNNIKRISHNAN FOR R1 PUBLIC PROSECUTOR SRI. P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No.1330 of 2009 * * * * * * * * * * * * * * * * Dated: 08.04.2009 ORDER The accused in S.T.No.228 of 2006 on the file of the Special J.F.C.M (Marad cases), Kozhikode 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.3961 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 counsel. 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within the meaning of Sec. 320 (8) Cr.P.C. Money, if any, deposited by the revision petitioner shall be permitted to be withdrawn by the 1st respondent/ complainant. This Crl. R.P. is disposed of as above. Dated this the 8th day of April, 2009. V. RAMKUMAR, JUDGE. sj