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. 1469 of 2006() ------------------------------ CRA.411/2004 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE CC.92/2001 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONER/APPELLANT/ACCUSED:- ------------------------------------------------- CHANDRASEKHARA ACHARYA, AGED 42 YEARS, S/O.THIMMAYYA ACHARYA, MANU STUDIO, OPP: VILLAGE OFFICE, NAYA BAZAR, UPPALA, KASARAGOD TALUK. BY ADV. MR. M.SASINDRAN MR. M.B.PRAJITH RESPONDENTS/ RESPONDENTS/COMPLAINANTS: ------------------------------------------------------ 1. M.S.KAMALAKSHA, S/O.SUNDER, ADKA HOUSE, BANDIYODU, POST MANGALAPADY, KASARAGOD. 2. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MS. R.PADMAKUMARI FOR R1 MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL. R.P. NO. 1469/2006 : 2 : ORDER ON CRL. M.A. NO. 4097/2006 IN CRL. R.P. NO. 1469/2006 DISMISSED 01.04.2009 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR, J. =============== Crl.R.P. No. 1469 of 2006 ================= Dated this the 1st day of April, 2009. ORDER The accused in C.C. No.92 of 2001 on the file of the Chief Judicial Magistrate, 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. 3283 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