High Court Kerala High Court

Abdul Khani vs A.S.Varghese & Another on 30 November, 2010

Kerala High Court
Abdul Khani vs A.S.Varghese & Another on 30 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3525 of 2010()



1. ABDUL KHANI
                      ...  Petitioner

                        Vs

1. A.S.VARGHESE & ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.C.S.MANILAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/11/2010

 O R D E R
                 Crl.R.P.* No. 3525 of 2010
                   * * * V.*RAMKUMAR,*J.* * *
                            * * * * * * *

                   * *Dated:* * * * * * * * * * *
                       * * *
                                30-11-2010

                              ORDER

The accused in S.T. No. 1338 of 2005 on the file of the

J.F.C.M. II, Pathanamthitta, 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. 11253 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.

Crl.R.P. No. 3525 of 2010 -:2:-

3. The petitioner shall be released from prison unless his

continued detention is found necessary in connection with any

other case.

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

V. RAMKUMAR, JUDGE.

ani/-

Registry shall communicate this order to the
Superintendent of Prison where the petitioner is housed.