Paily Varkey @ Kavadam Kunju vs T.S.Vijayan & Another on 13 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 921 of 2009()



1. PAILY VARKEY @ KAVADAM KUNJU
                      ...  Petitioner

                        Vs

1. T.S.VIJAYAN & ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :SRI.MANUEL KACHIRAMATTAM

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/03/2009

 O R D E R
                            V. RAMKUMAR, J.
                  ==============================
                         Crl.R.P. No.921 of 2009
                  ==============================
           Dated this the 13th day of March, 2009.

                                   ORDER

The accused in S.T.No.98 of 2004 on the file of the Judicial First

Class Magistrate, Kothamangalam 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. 2772 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 lower appellate court shall be refunded to the revision

petitioner/accused.

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

Dated this the 13th day of March, 2009.

V. RAMKUMAR, JUDGE.

sj