IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Crl.Rev.Pet.No. 376 of 2007() ----------------------------- CRL.A.29/2001 ON THE FILE OF THE COURT OF SESSION, THALASSERY C.C.863/1997 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR. REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- P.T.RUKHIYA, D/O. MUHAMMAD, AGED 49 YEARS, NO OCCUPATION, RESIDING AT PANDARATHOTTATHIL HOUSE, PAPPINISSERY AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. P.P.SAVITHRI, D/O.KANNAN, AGED 42 YEARS, RESIDING AT PUTHIYAPURAYIL HOUSE, P.O. KOLACHERI, KANNUR TALUK, KANNUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.C.P.PEETHAMBARAN FOR R1 P.P. SRI. SRI. PUZHAKKARA MOHAMMED FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 4-3-2009 , THE COURT ON 04/03/2009 PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 376 of 2007 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 4th day of March, 2009 O R D E R The accused in C.C. No.863/97 on the file of the Judicial First Class Magistrate-II, Kannur 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. 2401 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 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. mn.