High Court Kerala High Court

E.R.Ramesh vs State Of Kerala Rep. By on 8 February, 2008

Kerala High Court
E.R.Ramesh vs State Of Kerala Rep. By on 8 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 361 of 2008()


1. E.R.RAMESH, 36 YEARS, S/O.RARU
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY
                       ...       Respondent

2. P.AJEET KUMAR, 29 YEARS

                For Petitioner  :SRI.TOMY JOHN VETTATH

                For Respondent  :SRI.SAKIR.K.H.

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/02/2008

 O R D E R
                          V. RAMKUMAR, J.

                  =====================

                       Crl.R.P. No. 361 of 2008

                  =====================

            Dated this the 8th day of February, 2008.


                                   ORDER

The accused in ST.No. 1842 of 2005 on the file of the

Judicial First Class Magistrate-I, Thamarassery 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. 1255 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 sum of Rs.10,000/-

deposited by the revision petitioner/accused before the trial court

pursuant to the orders of court shall be allowed to be refunded by

the 1st respondent/complainant.

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

V. RAMKUMAR,JUDGE.

rv