IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Crl.Rev.Pet.No. 3558 of 2008() ------------------------------ CRA.534/2007 of ADDL. DISTRICT AND SESSIONS JUDGE (ADHOC-III) NORTH PARAVUR ST.1090/1999 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- SAJI, AGED 38 YEARS, S/O.RAPHEL, CHEMMASSERIL HOUSE, MADAPLATHURUTH KARA, VADAKKEKARA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NOBERT, S/O.MATHAPPAN, VAZHUVELIL HOUSE, VALLUVALLY KARA, KOTTUVALLY VILLAGE, NORTH PARAVOOR. ADV. SRI.P.L.DEVADAS FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 3558 of 2008 * * * * * * * * * * * * * * * * Dated: 12-02-2009 ORDER The accused in S.T. No. 1090 of 1999 on the file of the J.F.C.M. North Paravur 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. 1421 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. 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 12th day of February, 2009. V. RAMKUMAR, (JUDGE) ani.