IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.Rev.Pet.No. 828 of 2007() ----------------------------- CRA.250/2006 of SESSIONS COURT, KOZHIKOE ST.385/2004 of SPECIAL J.F.C.M(MARAD CASES), KOZHIKODE .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- A.SHAMSUDHIN, AGED 52 YEARS, S/O.MUHAMMED, OLD MOTOR PARTS DEALER, ARAVIND GHOSH ROAD, NAGARAM AMSOM DESOM, KOZHIKODE. BY ADV. SRI.T.R.RAVI SRI.P.S.MURALI RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. R.K.RAGHUNATH, S/O.RAMASWAMY, 33/3792A, RUGMA NIVAS, THANAMPOYIL, CHEVAYOOR P.O., KOZHIKODE-17. BY ADV. SMT.A.SIRJI FOR R2 PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON 26/06/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No.828 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2008 ORDER The accused in S.T.No.385 of 2004 on the file of the Special Judicial First Class Magistrate Court (Marad Cases), Kozhikode 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.6360 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 counsel. 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. This Crl. R.P. is disposed of as above. Dated this the 26 th day of June, 2008. V. RAMKUMAR, JUDGE sj