High Court Kerala High Court

Krishnayyan vs K.Sheriff on 23 March, 2009

Kerala High Court
Krishnayyan vs K.Sheriff on 23 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3903 of 2007()


1. KRISHNAYYAN, NADUVILADOM, CHERUKARA,
                      ...  Petitioner

                        Vs



1. K.SHERIFF, S/O.ADIMAKUNJU,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.T.A.SHAJI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/03/2009

 O R D E R
                         V. RAMKUMAR, J.
                      * * * * * * * * * * * * * * * *
                   Crl.R.P. No. 3903 of 2007
                      * * * * * * * * * * * * * * * *
                      Dated:      23-03-2009

                                ORDER

The accused in C.C.No. 1229 of 2005 on the file of the

J.F.C.M.I, Alappuzha, 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. 3098 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 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 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 23rd day of March 2009.

V. RAMKUMAR, (JUDGE)

ani.