IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.Rev.Pet.No. 249 of 2003(A) ----------------------------- CRA.173/2002 of ADDL. SESSIONS COURT, ALAPPUZHA CC.1262/1998 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------------------- BIJU VARGHESE S/O. VARGHESE, KOYIKARA NIVAS,WARD NO.21, CHERTHALA MUNICIPALITY CHERTHALA P.O. BY ADV. SRI.C.G.SUNIL SRI.SAJI MATHEW SRI.DENU JOSEPH RESPONDENTS: RESPONDENT/COMPLAINANT AND STATE ----------------------------------------------------------------- 1. NARAYANANKUTTY NAIR, KAKKALA VETTIL CHIRA HOUSE, WARD NO.16, CHERTHALA MUNICIPALITY, CHERTHALA 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY ADV. SRI.JOSHI N.THOMAS SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P.NO. 249/2003 : 2 : ORDER ON Crl.M.P. NO. 839/2003 IN CRL.R.P.NO. 249/2003 DISMISSED 22.07.2008 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR, J. ===================== Crl.R.P. No. 249 of 2003 ===================== Dated this the 22nd day of July, 2008. ORDER The accused in C.C. No. 1262 of 1998 on the file of the Judicial First Class Magistrate-I, Cherthala 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. 7285 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. Money, if any, deposited by the revision petitioner before the trial court shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 22nd day of July, 2008. V. RAMKUMAR,JUDGE. rv