IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Crl.Rev.Pet.No. 2656 of 2008() CRA.420/2006 of I ADDL. SESSIONS COURT, KOLLAM CC.1278/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER/APPELLANT/ACCUSED: JALALUDHEEN, 165 SHEIKHUNA NAGAR, PAIKKULAM, VADAKKEVILA VILLAGE, VADAKKEVILA POST, KOLLAM. BY ADV. MR.G.BHAGAVAT SINGH RESPONDENTS/ RESPONDENTS/STATE AND COMPLAINANT:- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BALACHANDRAN, MINI BHAVAN, KAMPIVILA, KOTTIYAM P.O., KOLLAM. ADDL. R3 TO R6 IMPLEADED 3. SMT. SANTHA, W/O. LATE BALACHANDRAN, MINI BHAVAN, SANTHI VILA, KOTTIYAM P.O., KOLLAM. 4. MINI B.S., D/O. LATE BALACHANDRAN, -DO- -DO- 5. MEENU B.S., D/O. LATE BALACHANDRAN, -DO- -DO- 6. PANKAJAKSHY, PRIYANKA BHAVAN, ULIYANADU, CHATHANNOOR P.O., KOLLAM. ADDL. R3 TO R6 IMPLEADED AS PER ORDER DATED 25.02.2009 IN CRL. M.A. NOS. 10407/2008 & 2005/2009.) ADV. MR. NISHIL.P.S. MR.PUZHAKKARA MOHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============================== Crl.R.P. No. 2656 of 2008 ============================== Dated this the 25th day of February, 2009. ORDER The accused in C.C. No. 1278 of 2003 on the file of the Judicial First Class Magistrate-II, Kollam 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. 10406 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. 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 25th day of February, 2009. V. RAMKUMAR, JUDGE. rv