IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.Rev.Pet.No. 700 of 2009() ----------------------------- CRA.153/2003 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY CC.146/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER(S): APPELLANT ------------------------------ P.T. APREM, S/O. THOMAS, AGED 45 YEARS, PUTHENPURAKKAL HOUSE, AGRICULTURIST, KACHERIKADAVU. BY ADV. MR. V.M.UNNI RESPONDENTS/ RESPONDENTS/ COMPLAINANT:- ------------------------------------------------------ 1. T.D. SEBASTIAN, S/O. DEVASSIA, AGED 58 YEARS, AGRICULTURIST, THEKKEL HOUSE, KACHERIKADAVU, THALASSERY TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. R.SURENDRAN FOR R1 MR. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 700 of 2009 ================= Dated this the 20th day of February, 2009. ORDER The accused in C.C. No. 146 of 1999 on the file of the Judicial First Class Magistrate, Kuthuparamba 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. 2076 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 20th day of February, 2009. V. RAMKUMAR, JUDGE. rv