IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH SEPTEMBER 2007 / 2ND ASWINA 1929 Crl.Rev.Pet.No. 3430 of 2007() ------------------------------ CRA.362/2002 of SESSIONS COURT, THALASSERY CC.16/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------- M. CHELLAPPAN MASTER, S/O. KRISHNAN, AGED 44 YEARS, PARURTHARAYIL HOUSE, KANIYANCHAL, VELLAD P.O., THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENTS: RESPONDENTS/COMPLAINANT: ---------------------------------------------------- 1. K.J. JOSE, S/O. JOSEPH, KANIYANPARAMBIL HOUSE, MORANI, ALAKODE P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.V.T.MADHAVANUNNI SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 3430 of 2007 * * * * * * * * * * * * * * * * * * Dated: 24th September 2007 ORDER The accused in C.C. 16/99 on the file of the J.F.C.M, Taliparamba 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. 10068 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. V. RAMKUMAR, (JUDGE) rv V. RAMKUMAR, J ====================== CRL. M.A. NO. 9836 OF 2007 IN UNNUMBERED CRL. R.P. OF 2007 ======================= ORDER Heard both sides. Having regard to the averments in the affidavit in support of this petition, the delay of 33 days in filing the above revision is condoned. Registry to number the revision today itself. V. RAMKUMAR, JUDGE. rv