IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.Rev.Pet.No. 3972 of 2010() ------------------------------------ (CRA. NO.197/2007 OF ADDL. SESSIONS COURT – I, MAVELIKKARA C.C. NO.385/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT – II, CHENGANNUR) ........ REVN. PETITIONER(S): APPELLANT/ACCUSED ----------------------------------------------------- SRI. SOMAN PILLAI, S/O. MADHAVAN PILLAI, CHALIYEKKARA VEEDU, NALKALIKKAL P.O., ARANMULA. BY ADV. SRI.S.HARIKRISHNAN RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P.O., ERNAKULAM. 2. ALLAPPEY CHIT FUND (REGD.), REP. BY ITS POWER OF ATTORNEY HOLDER MR. P.N. SIVANKUTTY NAIR, K.O. PHILIP BUILDING, M.C. ROAD, CHENGANNUR P.O. R1 BY PUBLIC PROSECUTOR SRI.M.S.BREEZE R2 BY ADV. SRI.S.ABHILASH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ==================== Crl.R.P. No. 3972 of 2010 ==================== Dated this the 23rd day of December, 2010. ORDER The accused in C.C. No. 385 of 2005 on the file of the Judicial First Class Magistrate-II, Chengannur 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. 12452 of 2010 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 before the trial court pursuant to the orders, if any, passed by the superior courts shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 23rd day of December, 2010. V. RAMKUMAR, JUDGE. rv