IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 Crl.Rev.Pet.No. 986 of 2006() ----------------------------- CRA.134/2000 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY CC.906/1996 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER/APPELLANT/ACCUSED:- ------------------------------------------------ P.DAMODARAN, S/O. SANKARAN NAMBIAR, BUSINESS, CHORODE AMSOM, DESOM, BADAGARA, KOZHIKODE DISTRICT. BY ADV. MR. P.P.RAMACHANDRAN RESPONDENTS/ RESPONDENTS/COMPLAINANT & STATE:- ---------------------------------------------------------------- 1. K.C.NOUSHAD ALI, S/O. ASSAINAR, PANOLI VEEDU, NEERVELI, KUTHUPARAMBA, THALASSERY, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR MR. GRASHIOUS KURIAKOSE FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P. NO. 986/2006 : 2 : ORDER ON CRL. M.A. NO. 2751/2006 IN CRL.R.P. NO. 986/2006 DISMISSED 16.03.2010 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR, J. =============== Crl.R.P. No.986 of 2006 ================= Dated this the 16th day of March, 2010. ORDER The accused in C.C. No.906 of 1996 on the file of the Judicial First Class Magistrate, Kuthuparamba 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.2772 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 16th day of March, 2010. V. RAMKUMAR, JUDGE. rv