IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Crl.Rev.Pet.No. 821 of 2000() ----------------------------- CRA.149/1997 of II ADDL. SESSIONS COURT, PALAKKAD ST.170/1995 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... REVN. PETITIONER: -------------------------------- JYOTHY PRAKASH, S/O.VELAYUDHAN, RESIDING AT HOUSE NO.3/320, NEAR U.P.SCHOOL, AKATHETHARA AMSOM, PALAKKAD TALUK. BY ADV. SRI.BIJU M.JOHN SRI.A.R.GANGADAS RESPONDENTS: --------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. A.A.MUHAMMED, S/O.LATE A.M.ALI HAJI, RESIDING AT HOUSE NO.15/655, KUNNATHURMEDU, KANNANUR DESOM, PALAKKAD. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU SRI.JAGADEESH LAKSHMAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25.07.08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P. No.821 of 2000 = = = = = = = = = = = = Dated this the 25th day of July, 2008 ORDER The accused in S.T.No.170 of 1995 on the file of the Chief Judicial Magistrate, 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.7517 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 counsel. 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. Dated this the 25th day of July, 2008. V. RAMKUMAR, JUDGE sj