Bony Xavier vs Benny K.V on 17 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 485 of 2010()


1. BONY XAVIER, S/O. XAVIER,
                      ...  Petitioner

                        Vs



1. BENNY K.V, MALIYAKKAL HOUSE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.PREMCHAND R.NAIR

                For Respondent  :SRI.K.B.RAJESH

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :17/02/2010

 O R D E R
                        V. RAMKUMAR, J.
                       ===============
                      Crl.R.P. No. 485 of 2010
                     =================
            Dated this the 17th day of February, 2010.

                               ORDER

The accused in S.T. No.944 of 2005 on the file of the

Judicial First Class Magistrate-IV, Kochi 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. 1486 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. Money, if any, deposited by the

revision petitioner before the trial court pursuant to the orders, if

any, passed by the superior courts shall be refunded to the

revision petitioner/accused.

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

Dated this the 17th day of February, 2010.

V. RAMKUMAR, JUDGE.

rv