IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Crl.Rev.Pet.No. 1576 of 2006() ------------------------------ CRA.92/2003 of ADDL. SESSIONS COURT(ADHOC)III, PATHANAMTHITTA CC.205/2001 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- K.SUKUMARAN NAIR, S/O.KRISHNA PILLAI, VARIKANNAMALA HOUSE, KURUNGAZHA P.O., PULLADU, PATHANAMTHITTA (DT.) BY ADV. SRI.P.VINODKUMAR RESPONDENTS: RESPONDENTS/COMPLAINANT ------------------------------------ 1. SHAJI P.V., PROPRIETOR, MEMANA FINANCIERS, REP: BY HIS POWER OF ATTORNEY HOLDER, T.V.VARGHESE, MANAGER, MEMANA FINANCIERS, PULLADU, PATHANAMTHITTA DIST. 2. STATE OF KERALA, REP: BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SUSHANTH.J. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................. Crl.R.P. No. 1576 of 2006 .................................... Dated: 28-02-2008 ORDER The accused in C.C. No. 205 of 2001 on the file of the Chief Judicial Magistrate Court, Pathanamthitta 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. 1480 of 2008 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 lower appellate court shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.