Ramachandran Nair vs Madhavan Nair on 18 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 405 of 2007()


1. RAMACHANDRAN NAIR, S/O. KRISHNA PILLAI,
                      ...  Petitioner

                        Vs



1. MADHAVAN NAIR, S/O.VELAYUDHAN THAMPI,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.SUMAN CHAKRAVARTHY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/12/2007

 O R D E R
                        V. RAMKUMAR, J.
                =====================
                      Crl.R.P. No. 405 of 2007
                =====================
         Dated this the 18th day of December, 2007

                               ORDER

The accused in C.C.No.1119 of 1996 on the file of the

Judicial First Class Magistrate-II, Neyyattinkara 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. 13449 of 2007 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 money deposited by the

revision petitioner pursuant to the orders passed by the lower

appellate court shall be refunded to the revision

petitioner/accused.

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

V. RAMKUMAR,JUDGE.

rv