IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.Rev.Pet.No. 887 of 2009() ----------------------------- CRA.150/2002 of ADDL.SESSIONS COURT, THALASSERY CC.106/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER/ APPELLANT/ACCUSED:- ------------------------------------------------ JOY JOSEPH, S/O. JOSEPH, AGED 47 YEARS, FARMER, KOCHUVELIKKAKATH HOUSE, VANIYAPPARA, ANGADIKKADAVU P.O., KANNUR DISTRICT. BY ADV. MR. JIJI THOMAS PAMBACKAL RESPONDENTS/ RESPONDENT/ COMPLAINANT AND STATE:- ------------------------------------------------------------------- 1. M.P. PHILIP, S/O. PHILIP (DIED) MANIKKATHUKUNNEL HOUSE, SANTHIGIRI P.O., ADAKKATHODE, KANNUR DISTRICT. 2. LOOSY PHILIP, W/O. LATE M.P. PHILIP, AGED 44 YEARS, MANIKKATHUKUNNEL HOUSE, SANTHIGIRI P.O., ADAKKATHODE, KANNUR DISTRICT. 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MS. SMITHA MATHEW FOR R2 MR. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 887 of 2009 ================= Dated this the 11th day of March, 2009. ORDER The accused in C.C. No. 106 of 1998 on the file of the Judicial First Class Magistrate, Kuthuparamba 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. 2661 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 the lower appellate court shall be refunded to the revision petitioner/accused. This Crl. R.P. is disposed of as above. Dated this the 11th day of March, 2009. V. RAMKUMAR, JUDGE. rv