IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.Rev.Pet.No. 300 of 2008() ----------------------------- ST.601/2005 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM CRA.423/2007 of ADDL.SESSIONS COURT (ADHOC-I), KOTTAYAM .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------------------- BABY MATHEW, S/O.A.J.MATHEW MANAGING DIRECTOR SOMATHEERAM AYURVEDIC BEACH RESORT (P)LTD. CHOWARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE --------------------------------------------------------------- 1. P.P.THOMAS, S/O.P.A.POTHEN PUTHENKUDIYIL HOUSE, VAIPUR MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.ALEXANDER JOSEPH FOR R1 SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P.NO. 300/2008 : 2 : ORDER ON Crl.M.A. NO. 1073/2008 IN CRL.R.P.NO. 300/2008 DISMISSED 28.08..2008 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR, J. ........................................... Crl.R.P. No. 300 of 2008 ........................................... Dated this the 28th day of August, 2008. ORDER The accused in ST. No. 601 of 2005 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. 8883 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. The sum of Rs.2 lakhs deposited by the revision petitioner before the trial court shall be refunded to the revision petitioner. This Crl. R.P. is disposed of as above. Dated this the 28th day of August, 2008. V. RAMKUMAR,JUDGE. rv