IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Crl.Rev.Pet.No. 841 of 2008(A) ------------------------------ CRA.433/2006 of ADDL. SESSIONS JUDGE (ADHOC-II),MANJERI CC.779/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- K.RAJAGOPALAN, S/O.BHASKARAN NAIR, SANTHAM NIVAS, ERAVIMANGALAM P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. K.P.RAMESH, S/O.RAJAN, KOTTEYANPURATH HOUSE, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU SRI.P.SAMSUDIN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 841 of 2008 * * * * * * * * * * * * * * * * Dated: 10-07-2008 ORDER The accused in C.C. No. 779 of 2005 on the file of the J.F.C.M.II, Perinthalmanna 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. 6691 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. 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 10 th day of July 2008. V. RAMKUMAR, (JUDGE) ani.