IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Crl.Rev.Pet.No. 872 of 2008() ----------------------------- CRA.195/2007 of SESSIONS COURT, KOZHIKOE CC.389/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------- C.A. DAMODARAN NAMBIAR, S/O. KRISHNAN NAIR, CHAPPANKANDIYIL, MADAPPALLY COLLEGE P.O., VATAKARA. BY ADV. SRI.K.B.ARUNKUMAR SRI. MANOJKUMAR M.K RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. SUNEESH KUMAR, S/O. GOPALAN NAIR, KARINGATTIPARAMBATH HOUSE, PERAMBRA P.O., CALICUT DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE 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 14.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 872 of 2008 ===================== Dated this the 14th day of March, 2008 ORDER The accused in C.C. No. 389 of 2005 on the file of the Judicial First Class Magistrate-I, Perambra 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. 2636 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 1st respondent/complainant shall be permitted to withdraw the sum of Rs.10,000/- (Rupees ten thousand only) deposited before the trial court. 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