IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Crl.Rev.Pet.No. 1007 of 2008() ------------------------------ CRA.353/1995 of ADDL. SESSIONS COURT, THRISSUR CC.130/1995 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------- JOSE, S/O.PEREPPADAN ITTEERA, AGED 46 YEARS, KALLOOR VADAKKUMMURI VILLAGE, KADUKUTTY DESOM, NEAR K.S.R.T.C BUS STAND, CHALAKUDY. BY ADV. SRI.BABU CHERUKARA SRI.P.JOSHY JOSE RESPONDENTS: COMPLAINANT ---------------------------------- 1. K.G.MUTHU, S/O.GOVINDAN, AGED 55 YEARS, KUNNUMMEL HOUSE, PALISSERY, ARATTUPUZHA CHERPU, THRISSUR DT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.S.RUSSEL SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No.1007 of 2008 ===================== Dated this the 26th day of March, 2008 ORDER The accused in C.C. No. 130 of 1995 on the file of the Judicial First Class Magistrate-I, Thrissur 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.3001 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. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. rv V. RAMKUMAR, J. ====================== Crl.R.P. No. ====================== Dated this the day of October, 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 rv