IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 CRL.A.No. 1692 of 2009() ------------------------ (CRL.A.144/08 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS COURT, FAST TRACK (ADHOC I), KOZHIKODE AND C.C.NO.74/03 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS V, KOZHIKODE.) APPELLANT(S): APPELLANT/RESPONDENT/COMPLAINANT ---------------------------------------------- KALATHINGAL UMMER, AGED 48, S/O. ABDURAHIMAN KUTTY HAJI, KALLADA MEETHAL HOUSE, FEROKE COLLEGE P.O., VELIPRAM AMSOM, KARINKALLAI DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): APPELLANT/ACCUSED AND STATE ------------------------------------------ 1. ABOOBACKER @ BICHAPPU, AGED 52, S/O. ABDURAHIMAN KUTTY HAJI, KOKKIVALAPPU VEETTIL, FEROKE COLLEGE, P.O.KOZHIKODE DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR. ADV. SRI.SUNIL V.MOHAMMED FOR R1 PUBLIC PROSECUTOR SMT.REKHA C.NAIR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.HEMA, J. ----------------------------------------------- Crl. Appeal No.1692 of 2009 ----------------------------------------------- Dated 8th November, 2010. J U D G M E N T This appeal is filed against an order of acquittal in a case involving offence under Section 138 of the Negotiable Instruments Act. 2. Learned counsel for the appellant submitted that the matter is settled out of court and hence, this appeal may be allowed to be withdrawn. He also requests that the respondent/accused may be permitted to withdraw the amount deposited by the accused before the Judicial Magistrate of First Class-V, Kozhikode, while the respondent filed an appeal against conviction before the Sessions Court. There is no ground to refuse the prayers. This appeal is dismissed as withdrawn and the respondent/accused is permitted to withdraw the amount deposited by him before the Judicial Magistrate of First Class-V, Kozhikode, in C.C.No.74/2003. K.HEMA, JUDGE. tgs