IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Crl.Rev.Pet.No. 2520 of 2007() ------------------------------ CRA.143/2006 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-I), THODUPUZHA CC.418/2005 of JUDL. MAGISTRATE OF FIRST CLASS-I, THODUPUZHA .................... REVN. PETITIONER: REVN. PETITIONER/2ND APPELLANT/2ND ACCUSED -------------------------------------------------------------------------------- VINOD MATHEW, AGED 38, S/O. MATHEW, KYTHAMATTATHIL VEEDU, THAZHUVANKUNNU P.O., KALLOORKAD ROAD. BY ADV. SRI.RENJITH B.MARAR SRI.PRABHU VIJAYAKUMAR SMT.LAKSHMI.N.KAIMAL RESPONDENTS: RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.J.JOSEPH, ARUKALIL HOUSE, THODUPUZHA, MANAGING PARTNER, REPRESENTED FOR ARUKALIL TRADERS, PERUMBALLIL BUILDINGS, THODUPUZHA. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR SRI.GEORGEKUTTY MATHEW FOR R.2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 2520 of 2007 ===================== Dated this the 30th day of June, 2008. ORDER The accused in C.C. No. 418 of 2005 on the file of the Judicial First Class Magistrate-I, Thodupuzha 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. 6503 of 2008 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. The petitioner is directed to be released from custody forthwith unless his continued detention is found necessary in connection with any other case against him. This Crl. R.P. is disposed of as above. Communicate the order to Sub Jail, Muvattupuzha Dated this the 30th day of June, 2008. V. RAMKUMAR,JUDGE. rv V. RAMKUMAR, J. ====================== Crl.R.P. No. of 2008 ====================== Dated this the day of July, 2008. 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 rv