IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Crl.Rev.Pet.No. 13 of 2010() ---------------------------- CRA.510/2003 of ADDL.SESSIONS COURT (SPL.COURT), KOTTAYAM CC.557/2001 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... REVISION PETITIONER/APPELLANT/ACCUSED:- ----------------------------------------------------- DR.K.MOHAN ROY, SUPER SPECIALTY HOMEO CLINIC, T.B.ROAD, CHANGANACHERRY. BY ADV. MR. M.P.MADHAVANKUTTY RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:- --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SURESH KUMAR.C., PUTHUPPARAMBIL HOUSE, KOTTAMURI P.O., THRIKODITHANAM, CHANGANACHERRY. ADV. MR. GEORGE SEBASTIAN FOR R2 MR. ROY THOMAS FOR R2 MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============== Crl.R.P. No. 13 of 2010 ================= Dated this the 8th day of January, 2010. ORDER The accused in C.C. No.557 of 2001 on the file of the Judicial First Class Magistrate-II, Changanacherry 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. 22 of 2010 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 January, 2010. V. RAMKUMAR, JUDGE. rv