IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.Rev.Pet.No. 623 of 2010() ----------------------------- CC.623/2003 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM CRA NO. 539 OF 2004 OF SESSIONS COURT, KOTTAYAM REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- JOSSY ALANCHERRY, PROPRIETOR, LABVISION, ALANCHERRY, MALAKUNNAM, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FR. JOSEPH CHIRAKKADAVIL, R/O.PASTORAL CENTRE, ARCH BISHOP HOUSE, CHANGANACHERRY. ADV. SRI.GEORGE SEBASTIAN FOR R2 PUBLIC PROSECUTOR SRI. C.M. NAZAR FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ................................................. Crl.R.P. No. 623 of 2010 ................................................ Dated: 19th February, 2010 O R D E R The accused in C.C. No. 623 of 2003 on the file of the J.F.C.M. II, (Mobile), Kottayam - Changanachery 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. 1860 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. V. RAMKUMAR, JUDGE. ani/- Crl.R..P. No.620 0f 2010 -:2:- /true copy/ P.S. to Judge