IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl.Rev.Pet.No. 296 of 2009() ----------------------------- CRA.374/2007 of ADDL. SESSIONS COURT FAST TRACK (ADHOC-I), KOZHIKODE CC.77/2003 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- S.M. SARAFULLA, AGED 48 YEARS, S/O. S. MUHAMMED HUSSAIN, HEENA PALACE, RAILWAY STATION ROAD, CALICUT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S)/COMPLAINANT AND STATE: --------------- 1. M.K. MURALI, AGED 43 YEARS, S/O.M.K. RAGHAVAN, PRORPRIETOR, MALAKKAL CHITS AND BANKERS M.E.D. COLLEGE ROAD, NADUKKAVU, REP. BY THE POWER OF ATTORNEY HOLDER, M. RAMACHANDRAN, S/O. RAMAN NAIR, MANOJ NIVAS, KARUVISSERY, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLAM. ADV. SRI.K.M.FIROZ FOR R1 PUBLIC PROSECUTOR SMT.SEENA R. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.296 OF 2009 ----------------------------------- Dated this the 2nd day of December, 2011 O R D E R Read the order dated 30.11.2011 in Crl.M.A.Nos.10245/2011 and 10246/2011, by which, the request made for composition of the offence under Section 138 of the Negotiable Instruments Act, for short, the 'Act', with which, the petitioner stands convicted was tentatively accepted on condition of payment of the costs fixed to the Kerala State Legal Services Authority within the time limit ordered. Receipt produced evidencing the payment of costs as directed. 2. Whatever amount deposited by the accused during the pendency of the proceedings may be allowed to be withdrawn by him, is the submission of his counsel, which is not objected to by the counsel for the complainant. Amount, if any, in deposit made by the accused shall be released to him. Crl.R.P.No.296/2009 2 3. Accepting the composition made by the parties, conviction and sentence imposed against the accused are set aside, and, he is acquitted of the offence under Section 138 of the N.I.Act. Revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.296/2009 3