IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Crl.Rev.Pet.No. 2025 of 2008() ------------------------------ CRA.621/2006 of the ADDL.DISTRICT AND SESSIONS COURT FAST TRACK (ADHOC – II), KOZHIKODE IN ST.959/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... PETITIONER: APPELLANT:ACCUSED: ------------------------------------------------------- P.K.AZEEZ, S/O.ALI, AGED 42 YEARS, PADANNAKUNIYIL HOUSE, KURUVANGAD AMSOM DESOM. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: RESPONDENTS:COMPLAINANTS: --------------------------------------------------------------------------- 1. ABDUL HAMEED, S/O.KUTTYASSAN HAJI, AGED 34 YEAS, KILIYADATHIL HOUSE, NADUVANNUR AMSOM DESOM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.PHILJO VARUGHESE PHILIPS - R1 BY PUBLIC PROSECUTOR SRI. P.RAVINDRA BABU – R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ===================== Crl.R.P. No.2025 of 2008 ===================== Dated this the 20th day of June, 2008 ORDER The accused in ST. No. 959/2005 on the file of the Judicial First Class Magistrate, 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.6084 of 2008 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(8) Cr.P.C. The sum of Rs.8,500/- deposited by the revision petitioner before the trial court shall be permitted to be withdrawn by the first respondent/complainant. This Crl. R.P. is disposed of as above. Dated this the 20th day of June 2008 V. RAMKUMAR,JUDGE. css/