High Court Kerala High Court

A.P.Kunhikannan vs Varikkara Narayanan Marar on 5 September, 2008

Kerala High Court
A.P.Kunhikannan vs Varikkara Narayanan Marar on 5 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3177 of 2008()



1. A.P.KUNHIKANNAN
                      ...  Petitioner

                        Vs

1. VARIKKARA NARAYANAN MARAR
                       ...       Respondent

                For Petitioner  :SRI.T.K.VIPINDAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :05/09/2008

 O R D E R
                          V. RAMKUMAR, J.
                      ...........................................
                       Crl.R.P. No. 3177 of 2008
                      ...........................................
            Dated this the 5th day of September, 2008.

                                      ORDER

The accused in C.C. No. 553 of 2000 on the file of the Judicial

First Class Magistrate, Payyannur 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. 9522 of 2008 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 custody forthwith unless his continued detention

is found necessary in connection with any other case against him.

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

Dated this the 5th day of September, 2008.

V. RAMKUMAR,JUDGE.

Registry shall fax a copy of this order to the Superintendent of Police
where the petitioner is detained upon receipt of the information
regarding the prison where he is detained.

rv