IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1009 of 2000()
1. MATHEW ALEX
... Petitioner
Vs
1. BABY PAUL
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.ARUN VALENCHERY
The Hon'ble MR. Justice A.K.BASHEER
Dated :11/04/2008
O R D E R
A.K. Basheer, J.
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Crl.RP.No. 1009/2000 & 2557/2005
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Dated this the 11th day of April, 2008.
ORDER
These revision petitions arise from two proceedings under
Section 138 of the Negotiable Instruments Act initiated by the
common complainant against the common accused in the two cases.
While the former revision petition, which is at the instance of the
complainant, is directed against the order of remand passed by the
appellate court, the latter is at the instance of the accused in the other
proceedings in which he had been concurrently found guilty by the
trial court as well as the appellate court. In view of the intervening
development, it is not necessary to refer to the facts of the two cases
or to their chequered history.
2. When these two cases came up for consideration on the last
hearing date, it was suggested by the court that the complainant and
accused being very close friends once upon a time, it would be
appropriate if an attempt was made to bury the hatchet.
3. Sri.Mathew John and Sri.T.G.Rajendran learned counsel
for the parties as well as the complainant and the accused who
appeared before the court, have shown admirable equanimity and
sense of fairness in agreeing to settle the matter once and for all.
Though the total amount covered under the two cheques comes to
only Rs.75,000/-(Rs.50,000/- and Rs.25,000/-) the suggestion made
by the court to the accused to pay a total sum of Rs. One lakh was
very gracefully accepted by him.
Crl.RPs.1009/2000,2557/05. 2
4. Today when the cases were taken up again for further
consideration, Sri. Baby Paul, the accused has handed over a sum of
Rs. One Lakh to Sri.Mathew John, learned counsel for the complainant
who accepted it for and on behalf of his client. Sri.Mathew John
submits that his client has instructed him to report before this Court
that the receipt of this amount is by way of full and final settlement of
the entire dues payable under the two cheques in question. The above
submission is recorded.
5. Two applications for composition of the offence have also
been field. Though the complainant has not been able to be present in
court because of indisposition, Sri.Mathew John has signed in the two
applications. The accused and his counsel have also signed in these
two applications. In the peculiar facts and circumstances I am inclined
to allow them.
6. Accordingly the accused is acquitted in the two cases. viz.,
S.T.No.2356/94 and 2355/94 on the file of the Judicial Magistrate of
First Class, No.II, Kottayam.
7. Registry shall number the two applications for composition,
which shall stand allowed as indicated above.
Revision Petitions are disposed of in the above terms.
A.K. Basheer
Judge.
an.