P.K.Azeez vs Abdul Hameed on 20 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2025 of 2008()



1. P.K.AZEEZ
                      ...  Petitioner

                        Vs

1. ABDUL HAMEED
                       ...       Respondent

                For Petitioner  :SRI.V.N.RAMESAN NAMBISAN

                For Respondent  :SRI.PHILJO VARUGHESE PHILIPS

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/06/2008

 O R D E R
                                V. RAMKUMAR, J.
                               =====================
                               Crl.R.P. No.2025 of 2008
                               =====================
                       Dated this the 20th day of June, 2008

                                        ORDER

The accused in ST. No. 959/2005 on the file of the Judicial First

Class Magistrate, Perambra 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.6084 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.8,500/- deposited by the

revision petitioner before the trial court shall be permitted to be withdrawn

by the first respondent/complainant.

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

Dated this the 20thday of June 2008

V. RAMKUMAR,JUDGE.

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