IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Crl.Rev.Pet.No. 695 of 2007(E) ------------------------------ CRA.385/2003 of ADDL.SESSIONS COURT, KOTTAYAM CC.1689/2001 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM, CHANGANACHERRY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- VIJAYAN, S/O. AYYAPPAN CHETTIAR, RESDING AT KARIYILAPARABIL, THRIKODITHANAM, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): RESPONDENTS-COMPLAINANT & STATE: ----------------------------------------------- 1. SAJI THOMAS, KANDATHODU HOUSE, PERUNNAI EAST, CHANGANACHERRY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.SATHISAN FOR R1 PUBLIC PROSECUTOR SRI. JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 695 of 2007 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of March, 2009 O R D E R The accused in C.C. No.1689/2001 on the file of the Judicial First Class Magistrate Court-II (Mobile),Kottayam 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.3018 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 superior courts shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE. mn.