High Court Kerala High Court

Kunjahammed P.P. vs Sebastian Elavankal on 2 July, 2007

Kerala High Court
Kunjahammed P.P. vs Sebastian Elavankal on 2 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2565 of 2007()


1. KUNJAHAMMED P.P., S/O.MOIDU HAJI,
                      ...  Petitioner

                        Vs



1. SEBASTIAN ELAVANKAL, S/O.SEBASTIAN,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.H.BADARUDDIN

                For Respondent  :SRI.C.A.JOSEPH

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/07/2007

 O R D E R
                                 V. RAMKUMAR, J.


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                            Crl.R.P. No. 2565 OF 2007

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                      Dated this the 2nd day of July, 2007


                                       O R D E R

The revision petitioner, who was the accused in C.C.

No.430/2001 on the file of the Additional Chief Judicial Magistrate,

Thalassery 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 trial court for

the said offence.

2. Pending this revision, the parties have settled the matter

and have filed Crl.M.A.No.7298/2007 under section 147 of the Act for

recording the composition entered into by them. The said petition has

been signed by both the revision petitioner as well as the complainant

and their respective counsels. The composition is recorded and it will

have the effect of an acquittal within the meaning of section 320(8)

Cr.P.C. Money, if any, paid by the revision petitioner pursuant to orders,

if any, passed by the lower appellate court shall be refunded to the

revision petitioner.

This revision petition is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks