IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 CRL.A.No. 2716 of 2008() ------------------------ CRLP.1737/2008 Dated 17/11/2008 CC.1622/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... APPELLANT(S): -------------- HOUSING DEVELOPMENT CORPORATION LIMITED AT HDFC HOUSE, RAVIPURAM JUNCTION, M.G. ROAD, KOCHI, REP. BY N.ARUNKUMAR, LEGAL OFFICER-RECOVERY. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): --------------- 1. SANTHA K.K., AGED 48 KARNIKARAN, CHALIPILAKKEL, KOHINOOR, THENHIPPALAM VIA MALAPPURAM. 2. STATE OF KERALA, REPRESTNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY P.P. SMT. K.L.LAKSHMI RANI. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------------- CRL.A. No.2716 of 2008 ---------------------------------------------- Dated, 12th March, 2009. JUDGMENT This appeal is preferred challenging the order of acquittal passed by the trial court under section 255(1) Cr.P.C in a prosecution for the offence punishable under section 138 of the N.I.Act. Initially this Court granted leave to prefer this appeal. 2. Now the learned counsel appearing for the appellant filed a withdrawal memo dated 5.3.2009 stating that the matter is settled out of court between the parties and as the parties are not intending to proceed with the matter, this Court be allow the appellant to withdraw the above appeal. Having regard to the fact that the matter has been settled out of court between the parties, no further orders are necessary in this appeal and accordingly, this appeal is dismissed as not pressed. V.K.MOHANAN, JUDGE kvm/- -:2:- V.K.MOHANAN, J. No.... Judgment/Order Dated: