IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 Crl.Rev.Pet.No. 2702 of 2005() ------------------------------ CRA.88/2001 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA CC.462/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED. --------------------------------------- SHIRELY THOMAS, PUTHENPURAKKAL HOUSE, KIDANGOOR MURI AND VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENT(S): COMPLAINANT. --------------------------- 1. JOHN.K.ABRAHAM, KOCHUPURACKAL HOUSE, KUMBANADU P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 2702 of 2005 * * * * * * * * * * * * * * * * Dated: 19-03-2009 ORDER The accused in C.C. No. 462 of 1998 on the file of the J.F.C.M.I, Pathanamthitta 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. 2767 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. The amount of Rs. 15,000/- already deposited by the revision petitioner before the trial court shall be permitted to to be withdrawn by the first respondent/complainant. This Crl. R.P. is disposed of as above. Dated this the 19 th day of March, 2009. V. RAMKUMAR, (JUDGE) ani.