IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Crl.Rev.Pet.No. 2497 of 2005() ------------------------------ CRA.65/2000 of ADDL. DISTRICT & SESSIONS (ADHOC) COURT -I, PATHANAMTHITTA CC.132/1998 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVISION PETITIONER/APPELLANT/ACCUSED:- ------------------------------------------------------ NISHAD, THOTTAKKATTU VEEDU, VAVAKKAVU (P.O), KLAPPANA, KOLLAM DISTRICT. BY ADV. MR. C.B.SREEKUMAR RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------------------------- 1. K.A. ALEXANDER, KOLERATHU HOUSE, KURIYANNOOR, THOTTAPPUZHASSERY VILLAGE,PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. MVS.NAMBOOTHIRY FOR R1 ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 2497 of 2005 ================= Dated this the 1st day of April, 2009. ORDER The accused in C.C. No. 132 of 1998 on the file of the Chief Judicial Magistrate, Pathanamthitta 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. 3282 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 before the trial court pursuant to the orders, if any, passed by the superior courts shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 1st day of April, 2009. V. RAMKUMAR, JUDGE. rv