IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Crl.Rev.Pet.No. 1981 of 2008() ------------------------------ CRA.298/2007 of ADDL. DISTRICT & SESSIONS COURT, FAST TRACK (ADHOC-II), KOZHIKODE ST.426/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------- B.P. USSAN, AGED 50, S/O. KUNHALI HAJEE, TIRAM, PATTOTH HOUSE, KOODARANHI P.O., CALICUT DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS: RESPONDENT/COMPLAINANT & STATE: -------------------------------------------------------------- 1. ANIL T.A., AGED 34 YEARS, S/O. ARAVINDAN NAIR, ARCHANA HOUSE, KUTTIPALAKKAL, MUKKOM P.O. CALICUT DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.JACOB E SIMON SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 1981 of 2008 ===================== Dated this the 18th day of June, 2008. ORDER The accused in ST. No. 426 of 2006 on the file of the Judicial First Class Magistrate-II, Thamarassery 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. 5945 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. The sum of Rs.5000/- deposited by the revision petitioner before the trial court shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. rv