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. 985 of 2005() ----------------------------- CRA.909/2004 of V ADDL.SESSIONS COURT, ERNAKULAM ST.242/1998 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER(S): ----------------------------------- SELVAN, S/O.KAILASAN, PANDIKASALAKKAL HOUSE, ANIYIL BAZAR, EDAVANAKAD KARA. BY ADV. SRI.PEEYUS A.KOTTAM SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): ------------------------ 1. VIJAYAN, CHETTIPARAMBIL HOUSE, NEAR AE OFFICE, EDAVANAKAD KARA, KOCHI TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.T.H.ABDUL AZEEZ FOR R.1 SRI.K.P.MAJEED FOR R.1 PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 985 of 2005 * * * * * * * * * * * * * * * * Dated: 25.02.2009 ORDER The accused in S.T.No.242 of 1998 on the file of the J.F.C.M-I, Kochi 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.2017of 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 25th day of February, 2009. V. RAMKUMAR, JUDGE. sj