IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Crl.Rev.Pet.No. 3253 of 2007() ------------------------------ CRA.1048 OF 2006 OF ADDL. SESSIONS COURT (ADHOC II), ERNAKULAM C.C. 784 OF 2002 OF J.F.C.M. I. ERNAKULAM REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- P.T.SHABU, PAZHAPPILLY HOUSE, AYYAMPILLY P.O., COCHIN. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS: RESPONDENTS/COMPLAINANT NO.1 ----------------------------------------- 1. M/S.INDIA CEMENTS CAPITAL AND FINANCE LIMITED, IIND FLOOR, H K V BUILDING, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, AND POWER OF ATTORNEY HOLDER WILFRED G WILLIAMS. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.P.T.JOSE PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................. Crl.R.P. No. 3253 of 2007 .................................... Dated: 13-03-2008 ORDER The accused in C.C. No. 784 of 2002 on the file of the J.F.C.M.I, Ernakulam 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. 2307 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. V. RAMKUMAR, (JUDGE) ani.