IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.Rev.Pet.No. 1323 of 2006() ------------------------------ CRA.362/2004 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE CC.256/2001 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------ 1. ANWAR HUSSAIN, AGED 60 YEARS, S/O. MUHAMMED, SHAMEEM BAGH, AZAD NAGAR, ULLAL POST, MANGALORE. BY ADV. SMT.R.PADMAKUMARI RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. S.M. ABDULLA, AGED 51 YEARS, KAMAL BAGH, SONKAL, P.O. UPPALA, KASARAGOD TALUK. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.D.KRISHNA PRASAD FOR R1 SRI.D.NARENDRANATH FOR R1 SRI.M.HARISHARMA FOR R1 SRI.T.P.ELDHOSE FOR R1 SMT.O.K.SANTHA FOR R1 PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 1323 OF 2006 * * * * * * * * * * * * * * * * Dated: 30-07-2008 ORDER The accused in C.C. 256 OF 2001 on the file of the Chief Judicial Magistrate, Kasaragod 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. 7595 of 2007 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. Money, if any, deposited by the revision petitioner pursuant to the orders, if any, passed by the lower appellate court shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 30th day of July 2008. V. RAMKUMAR, (JUDGE) ani.