IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.Rev.Pet.No. 1776 of 2008 ------------------------------ CRL.A NO. 709/2006 ON THE FILE ADDL. DIST. AND SESSIONS JUDGE, FAST RACT (ADHOC-II), KOZHIKODE AND IN ST NO. 1613/2005 ON THE FILE OF SPECIAL JUDICIAL IST CLASS MAGISTRATE (MARAD CASES), KOZHIKODE) .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------------------------------------------- M.KRISHNADAS, S/O.GOVINDANKUTTY, "ASWANI", KOLATHARA P.O, NALLALAM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE --------------------------------------------------------------------------------- 1. M/S. SREE SINDHU KURIES INDIA PRIVATE LIMITED, CHOICE COMPLEX, RAM MOHAN ROAD, CALICUT, REPRESENTED BY T.K.RAJAN, S/O.KUNHIRAICHAN, NIRMALLOOR P.O, KOZHIKODE. 2. STATE OF KERALA REP.PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SAKIR.K.H. FOR R1 PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No.1776 of 2008 ===================== Dated this the 3rd day of June, 2008 ORDER The accused in ST. No.1613/2005 on the file of the Special Judicial First Class Magistrate VI, (Marad cases), Kozhikode 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. 5332 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. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. css/ V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - CRL.R.P. No. of 2008 - - - - - - - - - - - - - - - - Dated this the 28th day of May 2008 O R D E R 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 css/