IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.Rev.Pet.No. 1269 of 2009() ---------------------------------- C.C. NO. 341/2006 of JUDICIAL FIRST CLASS MAGISTRATE-II, KASARAGOD CRA. NO. 22/2008 of SESSIONS COURT, KASARAGOD REVN. PETITIONER/APPELLANT/ACCUSED:- ------------------------------------------------- V.K.MOHAMMED ASHRAF, AGED 27 YEARS, S/O.A.C.SULAIMAN, RESIDING AT PADNE, POST PADNE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. MR. K.P.HARISH RESPONDENTS/RESPONDENTS/COMPLAINANTS:- ------------------------------------------------------- 1. MOHAMMED SHAFI, AGED 39 YEARS, S/O.A.B. ABDUL RAHMAN HAJI, A.B.SALMAN MANZIL, POVVAL, POST MULIYAR, KASARAGOD DISTRICT. 2. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. TOJAN J. VATHIKULAM FOR R1 MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 1269 of 2009 ================= Dated this the 8th day of April, 2009. ORDER The accused in C.C. No.341 of 2006 on the file of the Judicial First Class Magistrate-II, Kasaragod 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. 3800 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 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 8th day of April, 2009. V. RAMKUMAR, JUDGE. rv