IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.Rev.Pet.No. 2265 of 2008() ------------------------------ CRA.507/2007 of ADDL. SESSIONS COURT, FAST TRACK COURT-II, ALAPPUZHA CC.122/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II(MOBILE), ALAPPUZHA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- SALIMON, AGED 49 YEARS, S/O. BHARATHAN, KAITHAVALAPARAMBIL, SOUTH ARYAD, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------------------------- 1. KISHORE A.V., S/O. ABDUL KHADER, DARUSSALAM, DISTRICT COURT WARD, ALAPPUZHA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.S.GULZAR FOR R1 SRI. C.M.NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07.07.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 2265 of 2008 ===================== Dated this the 7th day of July, 2008. ORDER The accused in C.C. No. 122 of 2006 on the file of the Judicial First Class Magistrate-II, Alappuzha 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. 6823 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 petitioner shall be released from custody forthwith unless his continued detention is found necessary in connection with any other case against him. This Crl. R.P. is disposed of as above. Dated this the 7th day of July, 2008. V. RAMKUMAR,JUDGE. rv V. RAMKUMAR, J. ====================== Crl.R.P. No. of 2008 ====================== Dated this the day of July, 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. Dated this the day of July, 2008. V. RAMKUMAR, JUDGE rv