IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Crl.Rev.Pet.No. 1331 of 2003() ------------------------------ CRA.736/2001 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM CC.1997/1998 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- M.P.BAIJU, PROPRIETOR, M/S. GOLDEN GATE SHIRTS, KALADY ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.N.MANOJ KUMAR SRI.ANIL XAVIER SMT.JAYASREE MANOJ SRI.M.RISHIKESH SHENOY RESPONDENT(S): RESPONDENT NO.1/COMPLAINANT & STATE: --------------------------------------------------- 1. MANIPAL SOWBHAGYA NIDHI LTD., METROPALACE, NORTH RAILWAY STATION ROAD, ERNAKULAM, REP. BY ITS BRANCH MANAGER & POWER OF ATTORNEY HOLDER,JIBIN PETER. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.T ADV. SRI.S.R.DAYANANDA PRABHU FOR R1 SRI.K.S.RAJESH FOR R1 PUBLIC PROSECUTOR SRI P.R.JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 1331 of 2003 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 2nd day of April, 2009 O R D E R The accused in C.C. No.1997/1998 on the file of the Chief Judicial Magistrate Court, Ernakulam 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.3401 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 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. V. RAMKUMAR, JUDGE. mn.