IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Crl.Rev.Pet.No. 2673 of 2005() ------------------------------ CRA.958/2003 of ADDL.SESSIONS COURT, N. PARAVUR CC.1566/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------------------- FRANCIS PINHERO, AGED 52 YEARS, S/O.FRANCIS PINHERO, KODAVATHPARAMBIL HOUSE, MURINGOOR P.O. BY ADV. SRI.V.K.VEERAVUNNY SRI.K.Y.TOMY RESPONDENTS: RESPONDENT/COMPLAINANT --------------------------------------------------- 1. K.K.MOHAMMEDALI, KOLAPARAMBIL HOUSE, WEST VELIYATHUNADU P.O., ALUVA. 2. KERALA STATE, REPRESENTED BY THE PUBLIC PROPSECUTOR, HIGH COURT, ERNAKULAM. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No.2673 of 2005 ===================== Dated this the 7th day of February, 2007 ORDER The accused in C.C. No. 1566 of 2000 on the file of the Judicial First Class Magistrate-I, Aluva 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. 871 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(8) Cr.P.C. The sum of Rs.30,000/- deposited by the petitioner pursuant to the orders of court shall be permitted to be withdrawn by the 1st respondent/complainant. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. rv V. RAMKUMAR, J. ====================== Crl.R.P. No. ====================== Dated this the day of October, 2007 ORDER The accused in C.C. / ST. No..................on the file of the J.F.C.M, 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. of 2007 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 lower appellate court shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE rv