IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 CRL.A.No.1419 of 2005 ( ) ------------------------ ORDER IN CRL.L.P.426/2005 ST.2243/1998 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... APPELLANT: COMPLAINANT -------------------------------- ABDUL KHADARKUNJU, S/O.SHIHABUDEENKUNJU, KOCHUPARAMBIL HOUSE, PERINGALA MURI, KAYAMKULAM, VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.GEORGE T. THACHETT SRI.M.S.NISHAD RESPONDENTS: ACCUSED AND STATE -------------------------------------------- 1. SAKEER HUSSAIN, S/O.UMMERKUTTY, PONNARATHU HOUSE, KOTTUKULANGARA, KEERIKAD VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.SOORAJ T.ELENJICKAL PUBLIC PROSECUTOR SRI.THOMAS JOHN AMBOOKAN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.1419 of 2005 ------------------------------------------------ Dated this the 14th day of January, 2008 JUDGMENT The appellant is the complainant in S.T.2243/98 on the file of the Judicial First Class Magistrate's Court, Kayamkulam complaining of commission by the respondent of an offence punishable under Section 138 of the N.I. Act. Conviction of the respondent was set aside and the case is remanded by the Sessions Judge, Mavelikkara vide judgment in Criminal Appeal No.170/2000. Challenge in the appeal sought to be filed with leave is against the judgment of the Sessions Judge ordering remand. The appellant/complainant has filed memo reporting that this appeal is not pressed as the matter is settled between the parties. In the result, the leave petition and the complaint filed in the court below are dismissed. K.P.BALACHANDRAN, JUDGE kns/-