IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 571 of 2007()
1. THAYYIL SAIDALAVI HAJI,
... Petitioner
Vs
1. THURAKKAL MUHAMMED ALI, S/O.ENIKUTTY,
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent :SRI.K.RAMACHANDRAN
The Hon'ble SHRI K. Justice J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)
Dated :16/06/2008
O R D E R
SRI.S.VENKITA SUBRAMANIA IYER
(SENIOR ADVOCATE, HIGH COURT OF KERALA)
AND
SRI.K.J.THOMAS STANLEY
(RETD. DISTRICT JUDGE)
===========================
R.F.A.Nos.559 & 571 of 2007
============================
Dated this the 16th day of June, 2008
AWARD
The parties and learned counsel for the parties are present.
After discussion for sometime and the sincere persuasion by the
counsel of either side the parties have arrived at a settlement.
The appellant in R.F.A.Nos.559 and 571 of 2007 will pay a sum
of Rs.3.75 lakhs within a period of four months from today. It is
agreed that in case the parties committed default the respondent
will be entitled to execute the decree in O.S.40/2004 in the Court
of Subordinate Judge, Tirur. The court fee paid on the appeals
will be refunded to the appellant.
The subject matter of both the appeals are settled in the
manner stated above. It is also agreed that on payment of the
amount above stipulated within the time stated above the
security furnished by the appellant and the respondent in both
appeals will be released. The parties will be free to move the
R.F.A.Nos.559 & 571 of 2007
2
Tirur Sub Court to release the security furnished by them.
SRI.S.VENKITA SUBRAMANIA IYER
(SENIOR ADVOCATE, HIGH COURT OF KERALA)
SRI.K.J.THOMAS STANLEY
(RETD. DISTRICT JUDGE)
dvs
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+Crl.Rev.Pet.No. 1946 of 2008()
#1. THE PEOPLE’S AID BANKERS,
… Petitioner
2. K.D.KOTHO, S/O.DANIEL,
Vs
$1. ANTONY XAVIER, S/O.K.T.XAVIER,
… Respondent
2. STATE OF KERALA REPRESENTED BY THE
! For Petitioner :SRI.THOMAS T.VARGHESE
^ For Respondent :PUBLIC PROSECUTOR
*Coram
The Hon’ble MR. Justice V.RAMKUMAR
% Dated :16/06/2008
: O R D E R
V. RAMKUMAR, J.
=====================
Crl.R.P. No. 1946 of 2008
=====================
Dated this the 16th day of June, 2008.
ORDER
The accused in C.C. No. 1476 of 2001 on the file of the
Judicial First Class Magistrate-II, Kochi for an offence punishable
under Section 138 of the Negotiable Instruments Act, 1881,
challenges the conviction entered and the sentence passed
against them concurrently by the courts below.
2. Pending this revision, the parties have settled the
matter. Crl.M.A.No. 5859 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
petitioners and the complainant. The said petition has been
signed by both the revision petitioners 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 petitioners within the
meaning of Sec. 320 (8) Cr.P.C.
This Crl. R.P. is disposed of as above.
V. RAMKUMAR,JUDGE.
rv