Sunil M.A. vs O.A. Subramaniyan on 19 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 686 of 2009()


1. SUNIL M.A., S/O. NARAYANAN,
                      ...  Petitioner

                        Vs



1. O.A. SUBRAMANIYAN, S/O. AYYAPPAN,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE

                For Petitioner  :SMT.CELINE JOSEPH

                For Respondent  :SMT.A.SIRJI

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :19/02/2009

 O R D E R
                     *Crl.R.P.*No.** ** ** * ** *J.** * *
                       * *V.*RAMKUMAR,
                           *    *

                     *Dated:* * *19-02-2009* *
                       * * *        686*of*2009


                               ORDER

The accused in S.T. C. No. 1774 of 2006 on the file of the

J.F.C.M. I. Sulthan Bathery, 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. 2037 of 2009 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 pursuant to the orders, if any,
passed by the lower appellate court shall be refunded to the
revision petitioner/accused.

This Crl. R.P. is disposed of as above.

Dated this the 19th day of February, 2009.

V. RAMKUMAR, (JUDGE)
ani.