IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Crl.Rev.Pet.No. 329 of 2008() ----------------------------- CRA.264/2002 of ADDL. SESSIONS FAST TRACK COURT (ADHOC)-II, PALAKKAD ST.2728/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT, OTTAPPALAM .................... REVN. PETITIONER: APPELLANT/ ACCUSED: ---------------------------------- CHANDRAN, AGED 42 YEARS, S/O.RAMANKUTTY, KOODAMTHODI VEEDU, KOTTAPPURAM P.O., SREEKRISHNAPURAM, OTTAPPALAM TALUK, PALAKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT AND STATE: ------------------------------------------------ 1. K.MUHAMMED AGED 37 YEARS, S/O.ALAVI, KUNNATH HOUSE, KULUKKILIYAD AMSOM, OTTAPPALAM PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 329 of 2008 ===================== Dated this the 7th day of February, 2008 ORDER The accused in ST. No.2728 of 1997 on the file of the Judicial First Class Magistrate, Ottapalam 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. 1168 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. 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