IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Crl.Rev.Pet.No. 1882 of 2005() ------------------------------ CRA.105/2001 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA CC.859/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- SHIRELY THOMAS, PUTHENPURACKAL HOUSE, KIDANGANOOR MURI & VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.ARUN.B.VARGHESE SRI.T.P.DEYANANTHAN RESPONDENT(S): RESPONDENTS/COMPLAINANT: --------------------------------------- 1. JOHN K.ABRAHAM, KOCHUPURACKAL HOUSE, KUMBANADU P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.TERRY V.JAMES FOR R1 PUBLIC PROSECTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 1882 of 2005 * * * * * * * * * * * * * * * * Dated: 18-03-2009 ORDER The accused in C.C. 859 of 1998 on the file of the J.F.C.M.I, Pathanamthitta, 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. 2803 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. The amount of Rs. 35,000/- (Rupees thirty five thousand only) 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 first respondent/complainant. This Crl. R.P. is disposed of as above. Dated this the 18th day of March, 2009. V. RAMKUMAR, (JUDGE) ani.