IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH SEPTEMBER 2007 / 16TH BHADRA 1929 Crl.Rev.Pet.No. 3266 of 2007() ------------------------------ CRA.723/2006 of VI ADDL.SESSIONS COURT, ERNAKULAM ST.1315/2002 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------- P.R.SUBRAMANIAN, AGED 44, S/O.RAMAN, PADATHUPARAMBIL, MADAPALTHURUTHU, MOOTHAKUNNAM P.O. BY ADV. SRI.S.RAJKUMAR RESPONDENTS: RESPONDENTS/COMPLAINANT ------------------------------------ 1. P.J.XAVIER, S/O.JOSEPH, AGED 39, PALLATHUSSERY, CHETTIKADU, KUNJITHAI P.O. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR SRI.T.V.SIVADAS MENON THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 3266 of 2007 * * * * * * * * * * * * * * * * * * Dated: 7th September 2007 ORDER The accused in ST. No.1315 of 2002 on the file of the Judicial Magistrate of the First Class, North Parur 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. 9536 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. This Crl. R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani. V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No..................... * * * * * * * * * * * * * * * * * * Dated: 24th August 2007 ORDER 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) ani.