Wilfred M.J. vs K.A.Jose on 13 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3560 of 2009()


1. WILFRED M.J., S/O.M.P.JOSE,
                      ...  Petitioner

                        Vs



1. K.A.JOSE, S/O.ABRAHAM,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.JIJI THOMAS

                For Respondent  :SMT.K.DEEPA (PAYYANUR)

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/11/2009

 O R D E R
                            V. RAMKUMAR, J.
                        * * * * * * * * * * * * * * * *
                        Crl.R.P. No.3560 of 2009
                        * * * * * * * * * * * * * * * *
                         Dated: 13.11.2009

                                   ORDER

The accused in C.C.No.44 of 2003 on the file of the

J.F.C.M-II, Mananthavady 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. 11200 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.

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

Dated this the 13th day of November, 2009.

V. RAMKUMAR, JUDGE.

sj