High Court Kerala High Court

Abdul Salam vs Saji K.K. on 21 November, 2007

Kerala High Court
Abdul Salam vs Saji K.K. on 21 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2770 of 2005()


1. ABDUL SALAM, VELLARA HOUSE,
                      ...  Petitioner

                        Vs



1. SAJI K.K., PROPRIETOR,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.S.SANTOSH KUMAR (PERUNAD)

                For Respondent  :SRI.S.MUHAMMED HANEEFF

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :21/11/2007

 O R D E R
                         V. RAMKUMAR, J.

                =====================
                      Crl.R.P. No.2770 of 2005
                =====================
         Dated this the 21st day of November, 2007

                               ORDER

The accused in C.C.No.280 of 2001 on the file of the

Judicial First Class Magistrate, Ranny 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.12082 of 2007 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. Out of the sum of Rs.20,000/-(Rupees

twenty thousand only) deposited before the Trial Court, a sum of

Rs.10,000/-(Rupees ten thousand only) will be permitted to be

withdrawn by the revision petitioner and the balance amount shall

be permitted to be withdrawn by the 1st respondent- complainant.

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

V. RAMKUMAR,JUDGE
sj