IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Crl.Rev.Pet.No. 361 of 2008() ----------------------------- CRA.711/2006 of ADDL. DISTRICT & SESSIONS FAST TRACK (ADHOC-II) COURT, KOZHIKODE. ST.1842/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... REVISION PETITIONER/APPELLANT/ACCUSED -------------------------------------------------- E.R.REMESH, 36 YEARS, S/O.RARU VATTAKUNDIL (H), CHUNDALE (P.O), KALPETTA WAYANAD (DT). BY ADV. SRI.TOMY JOHN VETTATH RESPONDENTS: COMPLAINANT AND STATE ------------------------------------------------ 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. P.AJEET KUMAR, 29 YEARS S/O.PRAKASH CHAND, PROPRIETOR AJITH AUTO FINANCE AND INVESTMENT AMRUTHA AUTO CONSULTANCY (THAMARASSERY KOZHIKODE) BY ADV. SRI.SAKIR.K.H. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 361 of 2008 ===================== Dated this the 8th day of February, 2008. ORDER The accused in ST.No. 1842 of 2005 on the file of the Judicial First Class Magistrate-I, Thamarassery 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. 1255 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.10,000/- deposited by the revision petitioner/accused before the trial court pursuant to the orders of court shall be allowed to be refunded by the 1st respondent/complainant. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. rv