IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.MC.No. 352 of 2009() ------------------------ CC. 55 & 1195/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER/ACCUSED: -------------------------------- T. KUNHABDULLA, S/O. KUNHAMMED KOLAVAYAL, AJANUR VILLAGE KASARGODE DIST. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------------------- 1. THAHIRA, D/O. ABDULLA MANGAD, UDMA VILLAGE KASARGOD DIST. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 352 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2009 O R D E R The petitioner has been found guilty, convicted and sentenced in two separate prosecutions, both under Section 138 of the N.I.Act. The counsel submits that the parties have settled their disputes. He prays that the powers under section 482 Cr.P.C. may be invoked to quash the proceedings on the basis of the alleged settlement/composition. 2. The petitioner has the ordinary remedy under the Code to file an appeal against the impugned judgment and report composition before the appellate court in such appeal preferred by the petitioner. I find absolutely no reason, in the wake of availability of such equally efficacious alternative remedy, to entertain this application under Section 482 Cr.P.C. to quash the verdict of guilty, conviction and sentence imposed on the petitioner. Crl.M.C.No. 352 of 2009 2 3. After discussions at the Bar, the learned counsel for the petitioner only prays that he may be permitted to withdraw this petition without prejudice to his right to file an appeal and report composition before the Sessions Court concerned. Request is accepted. 4. This Crl.M.C. is dismissed as withdrawn. But I make it clear that if an appeal is preferred and the complainant and the accused report composition, the learned Sessions Judge must proceed to consider such request for composition on merits, in accordance with law and expeditiously - immediately after the presentation of the appeal. (R. BASANT) Judge tm