IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Crl.Rev.Pet.No. 2727 of 2004(A) ---------------------------- CRA.399/2002 of ADDL. SESSIONS COURT (FAST TRACK COURT-II), PALAKKAD ST.711/1999 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................. REVISION PETITIONER / APPELLANT / ACCUSED : ------------------------------------------------------------------------- A.ARUMUGHAN, S/O.R.CHAMI, ANAND NIVAS, ETHANUR, PALAKKAD DISTRICT. BY ADVS. SRI.GEORGE THOMAS (MEVADA) SRI.RAYNOLD FERNANDEZ N SMT.VIDYA GOPINATH SMT.JULIE DAVIS SRI.SUSHEEL JOSEPH CYRIAC RESPONDENTS / RESPONDENT / COMPLAINANT : ------------------------------------------------------------------------- 1. HEMAMBIKA CHITTIES & LOANS (P) LITD., REP. BY ITS MANAGER, T.VENUGOPAL, S/O.LATE RAGHAVAN NAIR, ENNAKKOTTIL STREET, PALAKKAD 678 014. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR. R1 BY ADVS. SMT.PREETHY KARUNAKARAN SRI.R.RAJESH KORMATH SMT.M.R.MINI SMT.SANJANA R.NAIR SRI.JAYKAR.K.S. SRI.RAHUL VARMA SRI.V.S.ROBIN R2 BY PUBLIC PROSECUTOR SRI. S.V. NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.R.P.No.2727 of 2004 --------------------------------- Dated this the 20th day of August 2011 O R D E R Crl.M.A.No.7120 of 2011 is a petition filed by the complainant and the accused under Sec.147 of the N.I.Act to record composition of the offence. The cheque in question was issued in the year 1999. The case was taken on file by the learned Magistrate in the year 1999 that is; long prior to the judgment of the Honourable Supreme Court in Damodar S. Prabhu v. Sayed Babalal [2010 (2) KLT 587 (SC)]. As such I find that the parties cannot be asked to pay Rs.15,000/- of the cheque amount for the purpose of recording composition. Learned Public Prosecutor has also been heard in the matter. It is a case where the parties were fighting from 1999. Now they want to settle the matter. Therefore, I find that the composition is to be recorded. Crl.M.A. No.7120 of 2011 in Crl.R.P.No.2727 of 2004 -: 2 :- Hence composition in Crl.M.A.No.7120 of 2011 is recorded. The composition so recorded will have the effect of acquittal of the accused under Sec.320(8) Cr.P.C. N.K.BALAKRISHNAN, JUDGE. Jvt