IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Crl.Rev.Pet.No. 822 of 2004(C) ------------------------------ CRA.74/2003 of SESSIONS COURT, MANJERI ST.2760/1999 of JUDICIAL FIRST CLASS MAGISTRATE, PONNANI .................... REVN. PETITIONER/APPELLANT/ACCUSED:- ------------------------------------------------- P.K. HARI, KIZHAKKEKARA HOUSE, MUTHUR P.O., PONNANI TALUK, PONNANI POLICE STATION, MALAPPURAM DISTRICT. BY ADV. MR. M.P.VIJAYAN RESPONDENT/COMPLAINANT AND STATE:- ------------------------------------------------ 1. MANAPPADATHU NANDAKUMAR, S/O. NARAYANAN NAIR, MUTHUR P.O., PONNANI POLICE STATION, PONNANI TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. B.JAYASANKAR FOR R1 MR. P.K.SAJEEV FOR R1 MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P. No. 822/2004 : 2 : ORDER ON CRL.M.A. NO. 3321/2004 IN CRL.R.P. NO. 822/2004 DISMISSED 23.02.2010 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR, J. =========================== Crl.R.P. No. 822 of 2004 =========================== Dated this the 23rd day of February, 2010. ORDER The accused in S.T. No.2760 of 1999 on the file of the Judicial First Class Magistrate, Ponnani 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. 1623 of 2010 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 23rd day of February, 2010. V. RAMKUMAR, JUDGE. rv