IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Crl.Rev.Pet.No. 230 of 2007() ----------------------------- CRA.39/2005 of ADDL.SESSIONS COURT-II, KOZHIKODE CC.250/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ----------------------------------------------------------------------------------------------- M.T.BABU, S/O. (LATE)THOMAS, MUNDATTU CHUNDAYIL HOUSE, P.O.ADIVARAM, PUTHUPADI AMSOM DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT(S): RESPONDENT/COMPLAINANT -------------------------------------------------------------------------------- 1. K.J.JOSEPH, AGED 52 YEARS, S/O. LATE THOMAS, KANIYASSERI HOUSE, KODENCHERI AMSOM DESOM, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.SELJUM P.EMMANNUEL FOR R1 PUBLIC PROSECUTOR P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No.230 of 2007 * * * * * * * * * * * * * * * * Dated: 07.04.2009 ORDER The accused in C.C.No.250 of 2003 on the file of the J.F.C.M-II, 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.3636 of 2009 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. This Crl. R.P. is disposed of as above. Dated this the 7th day of April, 2009. V. RAMKUMAR, JUDGE. sj