IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Crl.Rev.Pet.No. 495 of 2009() ----------------------------- CRA.242/2008 of ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM CC.234/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER(S): ----------------------------------- C.RADHAKRISHNAN, BADGE NO.886, COCHIN REFINERIES EMPLOYEES CO-OPERATIVE SOCIETY LTD E-226 KOCHI REFINERIES LTED., AMBALAMUGHAL, KOCHI -683 302. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.SUBHA ABRAHAM RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. RAMESH BABU, S/O.K.BHARATHAN, 39/535, THRIVENI, MONASTERY ROAD, ERNAKULAM. ADV. SRI.T.K.SHAJAHAN FOR R2 PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No.495 of 2009 * * * * * * * * * * * * * * * * Dated: 09.02.2009 ORDER The accused in C.C.234 of 2004 on the file of the J.F.C.M-II, 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.1523 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 counsel. 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. Dated this the 9th day of February, 2009. V. RAMKUMAR, JUDGE. sj