IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Crl.Rev.Pet.No. 1984 of 2011() --------------------------- CRA. NO. 293/2010 OF ADDITIONAL SESSIONS COURT(ADHOC-I), KOTTAYAM. ST.NO. 374/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PALA ....................... REVISION PETITIONER / APPELLANT/ACCUSED : ----------------------------------------------------------------------- MOHAN THOMAS, VARACHERIL, ADVOCATE, PALA - 686 575. BY ADVS. SRI.P.BABU KUMAR SRI. YADHU KUMAR RESPONDENTS / RESPONDENTS/COMPLAINANTS : -------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.J.SEBASTIAN, MYLADOOR, KODUMPIDI.P.O., PALA, PIN - 686 651. R1 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE R2 BY ADV. SRI.TOM THOMAS (THRIKKAKARA) THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.Rev.Pet.No. 1984 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE JUDGMENT IN S.T. NO. 374/07 PASSED BY THE J.F.C.M. COURT-II, PALA DT. 4.6.2010. ANNEXURE - B : COPY OF THE JUDGMENT IN CRL. APPEAL NO. 293/2010 IN THE COURT OF ADDITIONAL SESSIONS COURT ADHOC-I, KOTTAYAM DATED 21.6.2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 1984 of 2011 * * * * * * * * * * * * * * * * Dated: 16-09-2011 ORDER The accused in S.T. No. 374 of 2007 on the file of the J.F.C.M. II, Pala, 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. 7862/2011 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. V. RAMKUMAR, (JUDGE) ani.