IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Crl.Rev.Pet.No. 2535 of 2008() ------------------------------ CRA.154/2006 of I ADDL. SESSIONS COURT, KOLLAM CC.138/2001 of JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY .................... REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------- N.DAMODHARAN, KOCHUVEETTIL HOUSE, PUTHEN SANKETHAN MURI, THEGVALAKKARA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.SANTHOSH P.ABRAHAM RESPONDENTS: RESPONDENT/COMPLAINANT AND STATE --------------------------------------------- 1. C.P.VINAYAKAN, VINEETHU HOUSE, KOLLAKA MURI, VADAKKUMTHALA VILLAGE, KARUNAGAPPALLY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI.C.A.CHACKO FOR R1 SRI.MADATHIL P.VENUGOPAL FOR R1 BY PUBLIC PROSECUTOR SHRI K.S.SANTHOSH KUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = = CRL. = = = = = = = = = = = = = = = = = = = Dated this the 28th day of July, 2008 O R D E R ----------- The accused in C.C. No.138 of 2001 on the file of the J.F.C.M., Karunagappally 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.7526 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 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 pursuant to the orders, if CRL. R.P. NO.2535 OF 2008 -: 2 :- any, passed by the lower appellate court shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 28th day of July, 2008 V. RAMKUMAR, JUDGE. vsv