IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3867 of 2010() ------------------------------------------ CRA.151/2009 of ADDL. DISTRICT & SESSIONS COURT (ADHOC), KOZHIKODE STC.3/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... REVN. PETITIONER(S): /APPELLANT/ACCUSED ------------------------------------------------------------------------ C.P.HAMEED, AGED 38 YEARS, S/O.MOITHI, CHERIYAPARAMBATH VEEDU, AVITANALLUR AMSOM, POONATH DESOM, NADUVANNUR VIA, KOZHIKODE. BY ADV. SRI.SANTHARAM.P RESPONDENT(S):/ RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------- 1. R.PRABHAKARAN NAIR, AGED 73 YEARS, S/O.KUNHIRAMA KURUP, PUTTATH VEEDU, KANNADIPOYIL P.O., BALUSSERY VIA. KOZHIKODE DIST. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.SUNIL NAIR, PALAKKAT R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ==================== Crl.R.P. No. 3867 of 2010 ==================== Dated this the 20th day of December, 2010. ORDER The accused in S.T.C No. 3 of 2008 on the file of the Judicial First Class Magistrate-II, Perambra 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. 12177 of 2010 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 20th day of December, 2010. V. RAMKUMAR, JUDGE. rv