IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.Rev.Pet.No. 2660 of 2008() ------------------------------ CRA.170/2006 of SESSIONS COURT, WAYANAD STC.806/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS, KALPETTA. .................... REVN. PETITIONER / APPELLANT/ACCUSED: ------------------------------------ NAZAR.K., S/O.MAMMU KORATHARA HOUSE, PACHILAKKADU, KANIYAMBETTA P.O., VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENTS: RESPONDENTS/COMPLAINANT AND STATE: ----------------------------------------------- 1. P.M.SUMESH, S/O.C.B.SUMITHRA, SARASIJAM, NEAR VIVEKANANDA HOSPITAL, MUTTIL P.O., WAYANAD DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P. RAVINDRA BABU SMT.DAISY.I.DANIEL FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 2660 of 2008 ===================== Dated this the 7th day of August, 2008. ORDER The accused in S.T.C. No. 806 of 2005 on the file of the Judicial First Class Magistrate, Kalpetta 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. 8055 of 2008 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 trial court shall permit the 1st respondent/complainant to withdraw the sum of Rs.15,000/- deposited before that court. This Crl. R.P. is disposed of as above. Dated this the 7th day of August, 2008. V. RAMKUMAR,JUDGE. bkn/-