IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.Rev.Pet.No. 2006 of 2008() ------------------------------ CRA.532/2006 of ADDL. DISTRICT & SESSIONS COURT, FAST TRACK (ADHOC-I), KOZHIKODE CC.284/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, PERAMBRA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------- P.K. AZEEZ, S/O. ALI, AGED 42 YEARS, PADANNAKUNIYIL HOUSE, KARUVANGAD AMSOM, DESOM, KOILANDY. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS/RESPONDENTS/COMPLAINANT: ---------------------------------------------------- 1. ABDUL HAMEED, S/O. KUTTYASSAN HAJI, AGED 34 YEARS, KILIYADATHIL HOUSE, NADUVANNUR AMSOM DESOM, PERAMBRA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. BY ADV. SRI.PHILJO VARUGHESE PHILIPS SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 2006 of 2008 ===================== Dated this the 19th day of June, 2008. ORDER The accused in C.C. No. 284 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. 6024 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. Money, if any, deposited before the trial court shall be refunded to the revision petitioner. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. Dated this the 19th day of June, 2008 rv V. RAMKUMAR, J. ====================== Crl.R.P. No. of 2008 ====================== Dated this the day of May, 2008. 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