IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.Rev.Pet.No. 1429 of 2009() ------------------------------ CRA.520/2007 of ADDL.SESSIONS COURT (SPL.COURT), KOTTAYAM ST.1275/2005 of JUDL. MAGISTRATE OF FIRST CLASS, I, KOTTAYAM .................... REVN. PETITIONER(S): REV.PETITIONER/APPELLANT/ACCUSED. ------------------------------------------------------ BIJU GOPINATHAN NAIR, AGED 41 YEARS, S/O. GOPINATHAN NAIR, MANAPUDATHU-MEMURIYIL VEEDU, NELLIKALA, PATHANAMTHITTA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): RESPONDENTS/STATE & COMPLAINANT. ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BOSE THOMAS, IDUKKUTHARAYIL HOUSE, SREEKANDAMANGALAM, ATHIRAMPUZHA P.O., KOTTAYAM. ADV. SRI.ROY VANCHIPURACKAL FOR R1 PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 1429 of 2009 * * * * * * * * * * * * * * * * Dated: 30-04-2009 ORDER The accused in S.T. No. 1275 of 2005 on the file of the J.F.C.M.I, 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. 4322 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 petitioner shall be released from prison forthwith, unless his continued detention is found necessary in connection with any other case against him. Registry shall communicate this order to the Superintendent, Sub Jail, Kollam where the petitioner is housed. This Crl. R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.