IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Crl.Rev.Pet.No. 3044 of 2008() ------------------------------ CRA.502/2007 of ADDL. SESSIONS COURT (ADHOC-II), ERNAKULAM ST.6413/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------- V.V. WILSON, AGED 42 YEARS, S/O. VALOOKARAN HOUSE, THURAVOOR P.O., ANGAMALY, ERNAKULAM. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. COCHIN CHIT FUND, ANGAMALY, REPRESENTED BY ITS MANAGING PARTNER P.P. FRANCIS, PYNADATH HOUSE, KALLUPALAM ROAD, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29.08.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 3044 of 2008 ========================== Dated this the 29th day of August, 2008. ORDER The compounding petition signed by the 2nd respondent/complainant and its counsel is in order in the light of the principles of composition as also in view of the provisions of Section 149 of the Negotiable Instruments Act. (Vide R. Rajeswari v. H.N. Jagadish (2008(4) SCC 82) Petition for granting time to produce the certified copy of the order is allowed. Registry shall number the delay petition today itself. Dated this the 29th day of August, 2008. V. RAMKUMAR, JUDGE. rv V. RAMKUMAR, J. ........................................... Crl.R.P. No. 3044 of 2008 ........................................... Dated this the 29th day of August, 2008. ORDER The accused in ST. No. 6413 of 2004 on the file of the Judicial First Class Magistrate-II, Aluva 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. 9158 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 petitioner shall be released from custody 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 29th day of August, 2008. V. RAMKUMAR,JUDGE. rv