IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 12TH MARCH 2007 / 21ST PHALGUNA 1928 CRL.A.No. 2038 of 2003(C) ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.595/2003 Dated 03/12/2003 CC.661/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... APPELLANT: COMPLAINANT: ------------- SIVADASAN, SON OF PADMANABHAN, KALLITTUVILA PUTHEN VEEDU, KEEZHATTINGAL DESOM, KEEZHATTINGAL VILLAGE, ATTINGAL, TRIVANDRUM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ACCUSED AND STATE: ------------------ 1. VIJAYAKUMARAN THAMPI, SON OF NEELAKANTA PILLAI, SARASWATHY BHAVAN, THYCAUD, PIRAPPANCODE P.O., TRIVANDRUM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED. SRI.SUMAN CHAKRAVARTHY THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M. JAMES, J. ------------------------------- Criminal Appeal No. 2038 of 2003 ------------------------------- Dated this the 12th March, 2007. J U D G M E N T In execution of the bailable warrant issued by this Court, the first respondent, accused, is present in person. The appellant, complainant, is also present. Counsel on either side submit that the amount covered under Ext.P1 cheque had been paid off, and the parties have entered into a full and final settlement of the transaction. It is, therefore, prayed by the counsel for the appellant that the appeal may be dismissed as not pressed. 2. In the above facts situation, the presence of the first respondent, accused, is not necessary. Therefore, he is released. As the parties have settled the matter among themselves, the appeal is dismissed as not pressed. J.M. JAMES, JUDGE nj.