IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Crl.Rev.Pet.No. 4437 of 2007() ------------------------------ CRA.780/2006 of ADDL. SESSIONS COURT, VADAKARA ST.43/2006 (S.T. 2902 OF 2003) OF J.F.C.M.II,VADAKARA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- BASHEER AHAMMED, S/O. ABDUL RAHIMAN, AGED 50 YEARS, LAILA MANZIL, NEAR MUNICIPAL OFFICE, VADAKARA. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. SREE PRARTHANA CHIT FUNDS PVT. LTD., CENTRAL OFFICE AT MILAPUR, CHENNAI-4, REP. BY P/A HOLDER, MR. N.K.MOHANAN,S/O.KRISHNAN, AGED 36 YEARS, NADUVILAKKANDIYIL (H), CHORODE EAST POST, VADAKARA TALUK. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN. ADV. SRI.P.NARAYANAN FOR R1 PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 4437 of 2007 * * * * * * * * * * * * * * * * Dated: 23-03-2009 ORDER The accused in S.T. No. 2902 of 2003 on the file of the J.F.C.M. II, Vadakara, 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. 2828 of 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 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 this Court shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 23rd day of March 2009. V. RAMKUMAR, (JUDGE) ani.