IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.Rev.Pet.No. 221 of 2008() ----------------------------- CRA.636/2006 of ADDL.SESSIONS COURT-II, KOZHIKODE CC.253/2005 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES), KOZHIKODE. .................... REVN. PETITIONER: APPELLANTS: ------------------------------------- 1. M/S.SURABHI OIL MILLS, KUTTANALLUR, THRISSUR. REPRESENTED BY MANAGING PARTNER, E.V.VINAYAN. 2. E.V.VINAYAN, MANAGING PARTNER, M/S.SURABHI OIL MILLS, KUTTANALLUR, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------------------------- 1. M/S.JASMIN TRADERS, COPRA BAZAR, K.K.ROAD, KOZHIKODE, REPRESENTED BY MANAGING PARTNER M.K.BASHEER, S/O.MOIDEEN HAJI. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.K.SAJEEV SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/07/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 221 of 2008 ===================== Dated this the 22nd day of July, 2008. ORDER The accused in C.C. No. 253 of 2005 on the file of the Judicial First Class Magistrate (Marad Cases), Kozhikode for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, challenge the conviction entered and the sentence passed against them concurrently by the courts below. 2. Pending this revision, the parties have settled the matter. Crl.M.A.No. 7256 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 petitioners and the complainant. The said petition has been signed by both the revision petitioners 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 petitioners within the meaning of Sec. 320 (8) Cr.P.C. Money, if any, deposited by the revision petitioners before the trial court shall be refunded to the revision petitioners/accused. This Crl. R.P. is disposed of as above. Dated this the 22nd day of July, 2008. V. RAMKUMAR,JUDGE. rv V. RAMKUMAR, J. ====================== Crl.R.P. No. of 2008 ====================== Dated this the day of July, 2008. ORDER The accused in C.C. / ST. No..................on the file of the J.F.C.M, 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. of 2007 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 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 day of July, 2008. V. RAMKUMAR, JUDGE rv