Sugunababu.K. vs Krishnan.K on 4 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1755 of 2008()


1. SUGUNABABU.K., S/O. KRIKSHNAN KUTTY,
                      ...  Petitioner

                        Vs



1. KRISHNAN.K.,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :SRI.VINOD SINGH CHERIYAN

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/07/2008

 O R D E R
                                  V. RAMKUMAR, J.
                               =====================
                               Crl.R.P. No.1755 of 2008
                               =====================
                         Dated this the 4th day of July, 2008

                                        ORDER

The accused in ST. No.1597/2005 on the file of the Judicial First

Class Magistrate, (Marad cases), Kozhikode 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.6706 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. Money, if any, deposited by the revision

petitioner before the trial court shall be refunded to the petitioner.

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

Dated this the 20thday of June 2008

V. RAMKUMAR,JUDGE.

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