IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.Rev.Pet.No. 677 of 2009() ----------------------------- CRA.567/2002 of ADDL.SESSIONS COURT, THALASSERY CC.323/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER(S): PETITIONER ------------------------------------------------------------- MOHANAN K.G., S/O.GOPALAN AGED 42 YEARS FARMER, KOLENCHIRA HOUSE, PERUMPUNNA PO THALASSERY TALUK. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): --------------------------- 1. R.SURENDRAN, S/O.RAMAN, PERKANDIPARAMBIL , P.O.MELMURINGODI,THALASSERY. 2. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM COCHIN REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN SRI.JACOB SEBASTIAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No.677 of 2009 * * * * * * * * * * * * * * * * Dated: 19.02.2009 ORDER The accused in C.C. 323 of 1999 on the file of the J.F.C.M, Kuthuparamba 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.2012of 2009 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. 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 19th day of February, 2009. V. RAMKUMAR, JUDGE. sj