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
This Crl. R.P. is disposed of as above.
Dated this the 17th day of February, 2010.
V. RAMKUMAR, JUDGE.