A.J.Antony vs M.Raghavan Nair on 13 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 558 of 2009()


1. A.J.ANTONY, S/O.JOSEPH, AGED 44 YRS,
                      ...  Petitioner
2. C.M.JOSE, S/O.MATHEW,AGED 53 YRS,

                        Vs



1. M.RAGHAVAN NAIR, S/O.KORAN NAIR,
                       ...       Respondent

2. THE STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :SRI.V.T.MADHAVANUNNI

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/02/2009

 O R D E R
                             V. RAMKUMAR, J.
                        * * * * * * * * * * * * * * * *
                          Crl.R.P. No.558 of 2009
                        * * * * * * * * * * * * * * * *
                          Dated: 13.02.2009
                                   ORDER

The accused in S.T.No.8735 of 2003 on the file of the

J.F.C.M-III, Kannur for an offence punishable under Section 138

of the Negotiable Instruments Act, 1881, challenge the

conviction entered and the sentence passed against them

concurrently by the courts below.

2. Pending this revision, the parties have settled the

matter. Crl.M.A.No. 1692 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

petitioners and the complainant. The said petition has been

signed by both the revision petitioners as well as the

complainant and their respective counsel. In the light of this

development, the aforementioned composition is recorded and it

will have the effect of an acquittal of the revision petitioners

within the meaning of Sec. 320 (8) Cr.P.C. Money, if any,

deposited by the revision petitioners pursuant to the orders, if

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

the revision petitioners/accused.

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

Dated this the 13th day of February, 2009.

V. RAMKUMAR, JUDGE.

sj