IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.Rev.Pet.No. 3177 of 2008() ------------------------------ CRA.582/2002 of SESSIONS COURT, THALASSERY CC.553/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------- A.P. KUNHIKANNAN, AGED 34 YEARS, S/O. KANNA PODUVAL, ANNUR, P.O., ANNUR, KANNUR DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------- 1. VARIKKARA NARAYANAN MARAR, S/O. KANNA MARAR, RESIDING AT AYATHARA VAYAL, KARIVELLUR P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05.09.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................... Crl.R.P. No. 3177 of 2008 ........................................... Dated this the 5th day of September, 2008. ORDER The accused in C.C. No. 553 of 2000 on the file of the Judicial First Class Magistrate, Payyannur 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. 9522 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 5th day of September, 2008. V. RAMKUMAR,JUDGE. Registry shall fax a copy of this order to the Superintendent of Police where the petitioner is detained upon receipt of the information regarding the prison where he is detained. rv