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. 1133 of 2009() ------------------------------ CRA.222/2003 of SESSIONS COURT, THALASSERY CC.241/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- MONSON P.P S/O. PAILI, AGED 30 YEARS, PATTATHIL HOUSE, KANHIRAKOLLI P.O. PAYYAVUR AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI RESPONDENT(S): RESPONDENT/COMPLAINANT AND STATE ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. ANTONY M. JOSEPH, S/O.JOSEPH, MUZHUPPEL HOUSE, PAYYAVUR AMSOM, KANNUR DISTRICT. ADV. SRI.V.A.SATHEESH FOR R2 PUBLIC PROSECUTOR SRI JAYAKRISHNAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 1133 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 31st day of March, 2009 O R D E R The accused in C.C. No. 241/2002 on the file of the Addl. Chief Judicial Magistrate's Court, Thalassery 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.3376/2009 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 Crl.R.P. 1133/09 -2- superior courts shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE. mn.