IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Crl.Rev.Pet.No. 485 of 2010() ----------------------------- CRA.565/2007 of ADDL. SESSIONS COURT (ADHOC-II), ERNAKULAM ST.944/2005 of JUDICIAL FIRST CLASS MAGISTRATE -IV, KOCHI .................... REVN. PETITIONER/APPELLANT/ACCUSED:- ------------------------------------------------ BONY XAVIER, S/O. XAVIER, ELAMTHATTIL HOUSE, THAMMANAM.PO, PALARIVATTOM KOCHI -25. BY ADV. MR. PREMCHAND R.NAIR MR. TOJAN J. VATHIKULAM MR. V.P.PRASANTH RESPONDENTS/ COMPLAINANT & STATE:- ----------------------------------------------- 1. BENNY K.V, MALIYAKKAL HOUSE, EZHAKARANADU NORTH PO, PUTHEN CRUZ VIA PIN 686 664. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. ADV. MR. K.B.RAJESH FOR R1 MS. C.A.RAKHI ANTONY FOR R1 MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 485 of 2010 ================= Dated this the 17th day of February, 2010. ORDER The accused in S.T. No.944 of 2005 on the file of the Judicial First Class Magistrate-IV, Kochi 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. 1486 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 17th day of February, 2010. V. RAMKUMAR, JUDGE. rv