IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Crl.Rev.Pet.No. 1152 of 2009() ------------------------------ CRA.460/2008 of ADDL. SESSIONS COURT (ADHOC-II), ERNAKULAM CC.2143/2001 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER/APPELLANT/ACCUSED:- ---------------------------------------------- A.SEKHAR,UMA NIVAS, H.NO.6/1233, 7TH STREET,SANKAR NAGAR, THIRUVANANTHAPURAM. BY ADV. MS. C.R.SARADAMANI RESPONDENTS/STATE AND COMPLAINANT:- ----------------------------------------------- 1. STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S. VERTEX SECURITIES LTD., THOTTATHIL TOWERS, 2ND FLOOR, MARKET ROAD, ERNAKULAM. REP. BY ITS SENIOR EXECUTIVE K.J.THOMAS. ADV. MR. P. RAVINDRA BABU, MR. A.SAIN PAUL FOR R2 MR. P.R.SHIBU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 1152 of 2009 ================= Dated this the 1st day of April, 2009. ORDER The accused in C.C. No.2143 of 2001 on the file of the Additional Chief Judicial Magistrate, Ernakulam 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. 3459 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 before the trial court 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. Dated this the 1st day of April, 2009. V. RAMKUMAR, JUDGE. rv