Jose Mathew vs State Of Kerala Represented By The on 18 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 986 of 2009()


1. JOSE MATHEW,S/O MATHEW,MELALATHIL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. SHIBU JOSEPH,S/O.JOSEPH,KALAPPURACKAL

                For Petitioner  :SRI.PHILIP T.VARGHESE

                For Respondent  :SRI.ROY GEORGE

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/03/2009

 O R D E R
                           V. RAMKUMAR, J.
                       * * * * * * * * * * * * * * * *
                        Crl.R.P. No.986 of 2009
                       * * * * * * * * * * * * * * * *
                        Dated: 18.03.2009

                                  ORDER

The accused in C.C.No.367 of 2003 on the file of the

J.F.C.M, Ettumanoor 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.2942 of 2009 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 counsel. 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 pursuant to the orders, if any, passed by the

lower appellate court shall be refunded to the revision

petitioner/accused.

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

Dated this the 18th day of March, 2009.

V. RAMKUMAR, JUDGE.

sj