IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 Crl.Rev.Pet.No. 808 of 2009() ----------------------------- CRA.564/2006 of ADDL. SESSIONS JUDGE-I, FAST TRACK (ADHOC) MAVELIKKARA CC.852/2005 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED:- ----------------------------------------------- MUBASH, AGED 36 YEARS, S/O.HASANARU KUNJU, NADAYIL PADEETTATHIL VEEDU, MEMANA MURI, OACHIRA VILLAGE. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): RESPONDENTS/STATE & COMPLAINANT:- -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HARIKRISHNAN, AGED 36 YEARS, S/O.SANKARAN CHETTIAR, MADAPPALLIYIL HOUSE, KRISHNAPURAM MURI, KRISHNAPURAM VILLAGE. ADV. SRI.PADMALAYAN.P.P. FOR R2 PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 808 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of March, 2009 O R D E R The accused in C.C. No.852/2005 on the file of the Judicial First Class Magistrate, Kayamkulam 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. 2418 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 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. mn.