IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.Rev.Pet.No. 2015 of 2008() ------------------------------ CRA.1016/2006 of IV ADDL.SESSIONS COURT, ERNAKULAM CC.2055/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- E.K.THOMAS, EXCISE CIRCLE OFFICE PALLURUTHY, KOCHI-6. BY ADV. SRI.SUNNY XAVIER SMT.BEENA THOMAS (ERNAKULAM) RESPONDENTS: RESPONDENT/COMPLAINANT --------------------------------------------------- 1. T.A. JOY, S/O.ANTONY THATTAKATH HOUSE, VIKAS NAGAR THRIPUNITHURA.PO 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.L.P.ARAVINDAKSHAN SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25.06.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 2015 of 2008 ===================== Dated this the 25th day of June, 2008. ORDER The accused in C.C. No. 2055 of 2002 on the file of the Additional Chief Judicial Magistrate, 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. 6280 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/- (Rupees thirty thousand only) deposited by the revision petitioner before the trial court shall be permitted to be withdrawn by the 1st respondent/complainant. This Crl. R.P. is disposed of as above. Dated this the 25th day of June, 2008. V. RAMKUMAR,JUDGE. rv