IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Crl.Rev.Pet.No. 1301 of 2009() ------------------------------ CRA.433/2006 of SESSIONS COURT, KASARAGOD CC.199/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KASARAGOD. .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- ABDUL SAMAD, S/O.LATE ABDUL RAHIMAN HAJI R/AT.APSARA QUARTERS, SEETHANGOLI, EDNAD P.O. VIA KUMBLA, KASARAGOD TALUK AND DISTRICT. BY ADV. SMT.MARY BEENA JOSEPH RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------ 1. SAYDALI IBRAHIM SARANG, S/O.IBRAHIM SARANG, SARANG MANZIL, MUTTAM GATE, P.O.SHIRIYA, VIA KUMBLA. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.C.G.PREETHA FOR R1 PUBLIC PROSECUTOR SRI. P.R.JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 7-4-2009, THE COURT ON 07/04/2009 PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 1301 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7th day of April, 2009 O R D E R The accused in C.C. No.199/2005 on the file of the Judicial First Class Magistrate Court-II, Kasaragod 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.3817 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 superior courts shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE. mn.