Biju Gopinathan Nair vs The State Of Kerala on 30 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1429 of 2009()


1. BIJU GOPINATHAN NAIR, AGED 41 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. BOSE THOMAS, IDUKKUTHARAYIL HOUSE,

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  :SRI.ROY VANCHIPURACKAL

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/04/2009

 O R D E R
                        V. RAMKUMAR, J.
                     * * * * * * * * * * * * * * * *
                  Crl.R.P. No. 1429 of 2009
                     * * * * * * * * * * * * * * * *
                        Dated: 30-04-2009

                               ORDER

The accused in S.T. No. 1275 of 2005 on the file of the

J.F.C.M.I, Kottayam, 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. 4322 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. The petitioner shall

be released from prison forthwith, unless his continued

detention is found necessary in connection with any other

case against him.

Registry shall communicate this order to the

Superintendent, Sub Jail, Kollam where the petitioner is

housed.

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

V. RAMKUMAR, (JUDGE)

ani.