IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Crl.Rev.Pet.No. 1633 of 2006() ------------------------------------------ CRA.115/2005 of SESSIONS COURT, PALAKKAD ST.762/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... REVN. PETITIONER/ APPELLANT/ACCUSED: ------------------------------------------------------------ KRISHNADAS, S/O.LATE SUDEVAN, KANDHATHUKALAM VEEDU, PATTANCHERY PO, CHITTUR TALUK. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN. RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------------------- 1. MUHAMMED VAROOK, H.NO.9/258, ASLAM MANZIL, SCHOOL LINE, PARAKUNNAM, PALAKKAD. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU ADV. SRI.A.R.GANGADAS - R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No.1633 of 2006 ===================== Dated this the 17th day of June, 2008 ORDER The accused in ST. No.762/2004 on the file of the Judicial First Class Magistrate II, Palakkad 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. 5737 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The sum of Rs.50,000/- deposited by the revision petitioner/accused before the trial court shall be permitted to be withdrawn by the first respondent/complainant. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. css/