IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Crl.Rev.Pet.No. 1054 of 2009() ------------------------------ CRA.115/2002 of ADDL.SESSIONS COURT(ADHOC II), THALASSERY CC.885/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------------------------------------------------------------ A.ABDU RAHIMAN, AGED 50 YEARS, MANAGING DIRECTOR, WESTERN INDIA STEEL COMPANY LTD., ATHIYADATHU, CHERUVANNUR, FEROKE, CALICUT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): RESPONDENTS/COMPLAINANT ------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AMINA K.M., W/O.LATE P.K.MAYAN, AGED 70 YEARS, KOYAPPATHUDI HOUSE, CHEVAYOOR, CALICUT. 3. KHADERKUTTY P.K., S/O.LATE P.K.MAYAN, AGED 46 YEARS, KOYAPPATHUDI HOUSE, CHEVAYOOR, CALICUT. 4. AHAMADKUTTY P.K., S/O.LATE P.K.MAYAN, AGED 45 YEARS, KOYAPPATHUDI HOUSE, CHEVAYOOR, CALICUT. Crl.R.P.No.1054/2009 2 5. P.K.KHADEEJA, D/O.LATE P.K.MAYAN, AGED 42 YEARS, KOYAPPATHUDI HOUSE, CHEVAYOOR, CALICUT. 6. P.K.AISHA, D/O.LATE P.K.MAYAN, AGED 40 YEARS, KOYAPPATHUDI HOUSE, CHEVAYOOR, CALICUT. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED SRI.S.NIDHEESH FOR R THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No.1054 of 2009 * * * * * * * * * * * * * * * * Dated: 23.03.2009 ORDER The accused in C.C.No.885 of 1998 on the file of the J.F.C.M-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.3131of 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 23rd day of March, 2009. V. RAMKUMAR, JUDGE. sj