IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Crl.Rev.Pet.No. 3298 of 2004(B) ------------------------------- CC.32/1996 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE CRA NO. 554/2002 of SESSIONS COURT, KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- SUBASH, AGED 32 YEARS, COOLI, S/O.VASU, NADUVATHINE MEETHAL HOUSE, NEAR BHYANKAVU P.O., NELLICODE, CALICUT. BY ADV. SMT.T.KAMALA MENON RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------------------------- 1. P.K.SASIDHARAN, S/O.KUMARAN, VADAKKAMPATTU PARAMBIL, P.O.GOVINDAPURAM, CALICUT-16. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.MARY BEENA JOSEPH SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P.NO. 3298/2004 : 2 : ORDER ON Crl.M.A. NO. 15106/2004 IN CRL.R.P.NO. 3298/2004 DISMISSED 25.08.2008 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR, J. ........................................... Crl.R.P. No. 3298 of 2004 ........................................... Dated this the 25th day of August, 2008. ORDER The accused in C.C. No. 32 of 1996 on the file of the Judicial First Class Magistrate-I, Kozhikode 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. 8383 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320 (8) Cr.P.C. Money, if any, deposited by the revision petitioner before the trial court shall be permitted to be withdrawn by the 1st respondent/complainant. This Crl. R.P. is disposed of as above. Dated this the 25th day of August, 2008. V. RAMKUMAR,JUDGE. rv