Sreemathi vs Benny Thomas on 10 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 481 of 2009()


1. SREEMATHI, PANTHALINGAL VEEDU,
                      ...  Petitioner

                        Vs



1. BENNY THOMAS, S/O.T.T.THOMAS,
                       ...       Respondent

2. STATE OF KERALA,REPRESENTED BY PUBLIC

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.V.A.JOHNSON (VARIKKAPPALLIL)

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :10/02/2009

 O R D E R
                            V. RAMKUMAR, J.
                        * * * * * * * * * * * * * * * *
                         Crl.R.P. No.481 of 2009
                        * * * * * * * * * * * * * * * *
                          Dated: 10.02.2009

                                   ORDER

The accused in S.T.No.4584 of 1998 on the file of the

J.F.C.M, Nilambur for an offence punishable under Section 138 of

the Negotiable Instruments Act, 1881, challenges the conviction

entered and the sentence passed against her concurrently by the

courts below.

2. Pending this revision, the parties have settled the

matter. Crl.M.A.No. 1496 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 counsel. 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 10th day of February, 2009.

V. RAMKUMAR, JUDGE.

sj