IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Crl.Rev.Pet.No. 1065 of 2010() ------------------------------ CRA.608/2009 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-III), NORTH PARAVUR CC.1172/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER/ APPELLANT/ ACCUSED:- ------------------------------------------------- K.K. HARIHARAN, AGED 42 YEARS, KURIYATHAZHATHU HOUSE, KOTTAPURAM, ALANGAD P.O., ALUVA. BY ADV. MR. LIFFY P. FRANCIS RESPONDENTS/ RESPONDENTS/ COMPLAINANT & STATE:- ---------------------------------------------------------------- 1. HIGH GROWTH AUTO AGENCIES (P) LTD., MENACHERY TOWER, PARAVUR JUNCTION, REPRESENTED BY ITS MANAGING DIRECTOR, K.K. PUZHPANGADAN REPRESENTED HIS POWER OF ATTORNEY HOLDER, MAJU P.O.JOHN, PUTHUVASSERY HOUSE, CHERAI. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.SAMSUDIN FOR R1 MS. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 1065 of 2010 ================= Dated this the 26th day of March, 2010. ORDER The accused in C.C. No.1172 of 2006 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. 3180 of 2010 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 before the trial court pursuant to the orders, if any, passed by the superior courts shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 26th day of March, 2010. V. RAMKUMAR, JUDGE. rv