IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.Rev.Pet.No. 352 of 2007(D) ----------------------------- CRA.592/2005 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.567/1997 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- DR.JOY GEORGE, S/O.C.A.GEORGE, CHIRATHALATTU, ITHITHANAM, KURICHY VILLAGE, KOTTAYAM AND PROPRIETOR DR.JOYS MEDI LAB, C.S.I. COMPLEX BUILDINGS, KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENTS: COMPLAINANT & STATE --------------------------------------------- 1. SOMI VARGHESE, S/O.DR.VARGHESE JACOB, THEVAR THUNDIYIL, NATTASSERY, MUTTAMBALAM, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.M.V.JOHN SRI.RENJU JOHN SRI.B.JAYAPARAKASH SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Crl.R.P. No. 352 of 2007 ===================== Dated this the 18th day of February, 2008 ORDER The accused in C.C. No. 567 of 1997 on the file of the Judicial First Class Magistrate-III, Kottayam 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. 1683 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The sum of Rs.50,000/- deposited by the revision petitioner/accused before the trial court shall be permitted to be withdrawn by the 1st respondent/complainant. This Crl. R.P. is disposed of as above. V. RAMKUMAR,JUDGE. rv