IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 Crl.Rev.Pet.No. 155 of 2011() ----------------------------------------- CRA.407/2004 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE CC.129/2001 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONER(S): --------------------------------- P.MOHAMMED KUNHI, AGED 43 YEARS, S/O.KUNHAMMAD, R/AT HUDHA MANZIL, KANIYADUKKAM, THEKKIL VILLAGE AND POST, KASARAGOD TALUK. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): -------------------------- 1. C.A.USMAN, AGED 49 YEARS, S/O.HASSANKUTTY, R/AT KATTAKKAL HOUSE, P.O.KALANAD, KASARAGOD DISTRICT.PIN- 671 123. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.K.P.BALAGOPAL R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ==================== Crl.R.P. No. 155 of 2011 ==================== Dated this the 14th day of January, 2011. ORDER The accused in C.C. No. 129 of 2001 on the file of the Chief Judicial Magistrate, Kasaragod 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. 462 of 2011 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 14th day of January, 2011. V. RAMKUMAR, JUDGE. RV