IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.Rev.Pet.No. 1695 of 2008() ------------------------------------------ CRL.APPL. 301/06 OF THE SESSIONS COURT, PATHANAMTHITTA. C.C. NO.410/2002 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, THIRUVALLA. .... REVN. PETITIONER: APPELLANT/ ACCUSED --------------------------- VARKEY JOB, S/O. VARKEY, KARIMATTOM HOUSE, RUBY NAGAR P.O., VAZHAPALLY EAST VILLAGE, CHANGANASSERY TALUK, KOTTAYAM. BY ADV. SRI.JOMY GEORGE RESPONDENTS/ RESPONDENTS/ COMPLAINANT AND STATE ----------------------- 1. CHERIYAN VARGHESE, REP.BY P.A. HOLDER M.C.JOHN. 2. THE STATE OF KERALA REP.BY ADDL. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.BIJOY KURUVILLA FOR R1 BY PUBLIC PROSECUTOR SRI.P.RAVINDRABABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No.1695 of 2008 ===================== Dated this the 28th day of April, 2008 ORDER The accused in C.C.No.410/2002 on the file of the Judicial First Class Magistrate, Thiruvalla 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. 5103 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. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. css/ V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - CRL.R.P. No. of 2008 - - - - - - - - - - - - - - - - Dated this the 21st day of May 2008 O R D E R The accused in C.C. / ST. No..................on the file of the J.F.C.M, 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. 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. V. RAMKUMAR, JUDGE css/