IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Crl.Rev.Pet.No. 921 of 2009() ----------------------------- CRA.425/2007 of II ADDL.SESSIONS COURT, ERNAKULAM ST.98/2004 of JFCM, KOTHAMANGALAM .................... REVN. PETITIONER(S): ---------------------------------- PAILY VARKEY @ KADAVAN KUNJU, S/O.PAILY, CHUNDATTU HOUSE, ELAMBRA KARA, ERAMALLOOR VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU RESPONDENT(S): --------------------------- 1. T.S.VIJAYAN, S/O.SIVARAMAN, KUNNATHAMKUDYM(THAMARASSERIYIL) VEEDU, ELAMBRA KARA, ERAMALLOOR VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.MANUEL KACHIRAMATTAM FOR R1 PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13.03.2009 ,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============================== Crl.R.P. No.921 of 2009 ============================== Dated this the 13 th day of March, 2009. ORDER The accused in S.T.No.98 of 2004 on the file of the Judicial First Class Magistrate, Kothamangalam 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. 2772 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 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. Dated this the 13th day of March, 2009. V. RAMKUMAR, JUDGE. sj