IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.MC.No. 759 of 2008 ------------------------ CP.33/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER: 2ND ACCUSED; ------------------------ P.N.SASIKUMAR, S/O.NANUKUTTAN NAIR, PUTHETTUMADAM, P.O.CHOVVA, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KANNUR TOWN CIRCLE, KANNUR DISTRICT. 3. O.M.GIREESH KISHORE, S/O.RAGHAVAN, 'GISHAN', CHOVVA, KANNUR-6. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-2-2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 759 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 ORDER The petitioner, who is the 2nd accused in Crime No.222/2004 of Kannur Town police station, is charge sheeted for offences punishable under Section 109 and 436 of the Indian Penal Code . The Judicial First Class Magistrate-I, Kannur had taken cognizance of the said offences and had registered the case as C.P.No.33/2007. According to the petitioner, he has been falsely implicated in the case and the only material relied on against the petitioner is a confession statement of the first accused. That is a matter which the appropriate court will have to consider at the appropriate stage after scanning the entire prosecution records. The petitioner will have an effective opportunity to plea for a discharge after the case is committed to the Court of Sessions and when the case comes up for preliminary hearing under Section 227 Cr.P.C. Accordingly, reserving the right of the petitioner to plead for a discharge before the Court of Sessions, the Crl.M.C. is dismissed. V. RAMKUMAR, JUDGE ks The accused in C.C. / ST. No..................on the file of the J.F.C.M, 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. 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. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE sj