IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 14TH OCTOBER, 2008 / 22ND ASWINA, 1930 CRL.A.No. 1032 of 2008 (AGAINST THE ORDER IN Crl.L.P.213/2008 Dated 25/03/2008 ST.601/2006 of JUDL. FIRST CLASS MAGISTRATE COURT-III, KOCHI) .................... APPELLANT/COMPLAINANT: --------------------------------- M/S.PARIMAL TEXTILES, WHOLESALE TEXTILE DEALERS, XL/1746, POST OFFICE ROAD, KOCHI-31, A PARTNERSHIP FIRM, REPRESENTED BY POWER OF ATTORNEY HOLDER, RAMESH KALYANJI KHONA, EMPLOYEE OF M/S. PARIMAL TEXTILES, RESIDING AT 8/2285, LALAN ROAD, MATTANCHERRY, KOCHI-2. BY ADV. SRI.S.B.PREMACHANDRA PRABHU SRI.K.B.RAJESH RESPONDENTS/ACCUSED AND STATE; ----------------------------------------------- 1. M.J.TOMY, S/O.MUNDAN JOSEPH, AGED ABOUT 33, PARTNER, M/S.METRO TRADERS, METRO TRADERS, METRO BAZAR, ANGAMALY 683 572. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.WILSON URMESE FOR R1 BY PUBLIC PROSECUTOR SMT. K.L.LAKSHMI RANI FOR R2. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.A.No. 1032 of 2008 --------------------------------------------- Dated this the 14th day of October, 2008 J U D G M E N T This appeal is preferred by the complainant in a private complaint for prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act'), aggrieved by the order of acquittal passed by the court below under Section 256 of the Cr.P.C. When the above case came up for consideration during the last occasions, it is submitted by both parties that there were chances for settlement. Today, the counsel for both sides submits that the matter has been settled out of court and as such, the appellant does not want to proceed with the appeal and the same may be dismissed as not pressed. Since the matter has been settled between the parties, no issue remains to be resolved and the appeal is, accordingly, dismissed. V.K.Mohanan, Judge MBS/ WP(C) NO. :-2-: V.K.MOHANAN, J. -------------------------------------------- Crl.A.NO. OF 200 -------------------------------------------- WP(C) NO. :-3-: O R D E R DATED: -9-2008 WP(C) NO. :-4-: