IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Crl.Rev.Pet.No. 3299 of 2008() ---------------------------------- C.C. NO. 76/2006 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA PETITIONER/ APPELLANT/ACCUSED:- ----------------------------------------- AJITHKUMAR,S/O PURUSHOTHAMAN, “SREEHARI”, VADIKADU JUNCTION, THATHAMPALLY P.O., ALAPPUZHA. BY ADV. MR. KALEESWARAM RAJ RESPONDENTS/ RESPONDENT/ COMPLAINANT:- ------------------------------------------------------ 1. PAUL JOSEPH, S/O T.C. JOSEPH, THANNISSERRY, THATHAMPALLY P.O., ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.S.MANU FOR R1 MR. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P. NO. 3299/2008 : 2 : ORDER ON CRL. M.A. NO. 10008/2008 IN CRL. R.P. NO. 3299/2008 DISMISSED 31.03.2009 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR, J. =============== Crl.R.P. No. 3299 of 2008 ================= Dated this the 31st day of March, 2009. ORDER The accused in C.C. No.76 of 2006 on the file of the Chief Judicial Magistrate, Alappuzha 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. 3234 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 before the trial court 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. Dated this the 31st day of March, 2009. V. RAMKUMAR, JUDGE. rv