IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Crl.Rev.Pet.No. 59 of 2010() ---------------------------- CRA.183/2008 of ADDL. SESSIONS COURT (ADHOC) III, PALAKKAD ST.2592/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... REVN. PETITIONER/ APPELLANT/ACCUSED:- ------------------------------------------------- P. VISWANATHAN, S/O. A.M. MENON, AGED 52 YEARS, LIC ASSISTANT, SHOBHA COMPLEX, PALAKKAD. BY ADV. MR. RAJESH SIVARAMANKUTTY RESPONDENTS/ RESPONDENTS/ COMPLAINANT & STATE:- ----------------------------------------------------------------- 1. R. SIVADAS, S/O. RAMAKRISHNAN, AGED 55 YEARS, MELE HOUSE, KOTTEKKAD, PALAKKAD DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MS. A .PREMAKUMARI FOR R1 MR. K.G.RAMADAS FOR R1 BY ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 59 of 2010 ================= Dated this the 6th day of January, 2010. ORDER The accused in S.T. No. 2592 of 2006 on the file of the Judicial First Class Magistrate-II, Palakkad 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. 139 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 6th day of January, 2010. V. RAMKUMAR, JUDGE. rv