IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR SATURDAY, THE 1ST DECEMBER 2007 / 10TH AGRAHAYANA 1929 Crl.Rev.Pet.No. 3834 of 2006(D) ------------------------------------ CRL.A. NO. 1203/2003 of ADDL. SESSIONS COURT, N. PARAVUR C.C. NO. 1433/2000 of JUDICIAL FIRST CLASS MAGISTRATE-I, ALUVA REVN. PETITIONER: PETITIONER: ------------------------------------- M.D. JOY ALIAS ANTONY, AGED 46 YEARS, KALARICKAL HOUSE, ATHANI KARA, KUSAMAGIRI P.O., KOCHI-30. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS: ------------------ 1. M.R. CHRISTOPHER, S/O.RAYMOND, MOOTHEDATH HOUSE, THENGODE P.O., KOCHI-21. 2. KERALA STATE REPRESENTED BY THE PUBLIC PROSECUTOR. BY ADV. SRI. C.M. NAZAR, PUBLIC PROSECUTOR SRI. V. PREMCHAND for R1. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL. R.P. NO. 3834/2006 : 2 : ORDER ON CRL. M.A. NO. 10924/2006 INCRL. R.P. NO. 3834/2006 DISMISSED 01.12.2007 SD/- V. RAMKUMAR, JUDGE. /True Copy/ P.A to Judge. V. RAMKUMAR, J. ===================== Crl.R.P. No. 3834 of 2006 D ===================== Dated this the 1st day of December, 2007 ORDER The accused in C.C.No.1433 of 2000 on the file of the Judicial First Class Magistrate-I, Aluva 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. 12709 of 2007 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. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE rv V. RAMKUMAR, J. ====================== Crl.R.P. No. ====================== Dated this the day of October, 2007 ORDER The accused in C.C. / ST. No..................on the file of the J.F.C.M, 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. of 2007 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. V. RAMKUMAR, JUDGE rv