IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.Rev.Pet.No. 558 of 2009() ----------------------------- CRA.21/2004 of SESSIONS COURT, THALASSERY STC.8735/2003 of JUDL.MAGISTRATE OF FIRST CLASS-III(MOBILE), KANNUR .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------------------------------------------- 1. A.J.ANTONY, S/O.JOSEPH, AGED 44 YRS, VELLORA.P.O, MATHAMANGALAM AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 2. C.M.JOSE, S/O.MATHEW,AGED 53 YRS, VELLORA.P.O,MATHAMANGALAM AMSOM DESOM,KANNUR TALUK KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.A.SATHEESH RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------------------------------------------------------------------------- 1. M.RAGHAVAN NAIR, S/O.KORAN NAIR, AGED 74 YRS, THIMIR AMSOM THALAVIL DESOM, ERUVATTY.P.O, TALIPARAMBA TALUK. 2. THE STATE OF KERALA REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. ADV. SRI.V.T.MADHAVANUNNI FOR R1 PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No.558 of 2009 * * * * * * * * * * * * * * * * Dated: 13.02.2009 ORDER The accused in S.T.No.8735 of 2003 on the file of the J.F.C.M-III, Kannur for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, challenge the conviction entered and the sentence passed against them concurrently by the courts below. 2. Pending this revision, the parties have settled the matter. Crl.M.A.No. 1692 of 2009 has been filed under Section 147 of the Negotiable Instruments Act, 1881 seeking permission to record the composition entered into between the revision petitioners and the complainant. The said petition has been signed by both the revision petitioners 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 petitioners within the meaning of Sec. 320 (8) Cr.P.C. Money, if any, deposited by the revision petitioners pursuant to the orders, if any, passed by the lower appellate court shall be refunded to the revision petitioners/accused. This Crl. R.P. is disposed of as above. Dated this the 13th day of February, 2009. V. RAMKUMAR, JUDGE. sj