IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 RFA.No. 311 of 2004(B) ---------------------- OS.4/2003 of SUB COURT, NEDUMANGAD .................... (S): PLAINTIFF ----------------------------- MOHAMMEDKUNJU, S/O.MOHAMMED MUSTAFA, RESIDING AT M.S. MANZIL, MANICKAL MURI, MANICKAL VILLAGE, TRIVANDRUM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): DEFENDANT ------------------------ SHAMLA BEEVI, RESIDING AT MID LAND, NEAR PETROL PUMP, VENJARAMOODU, MANICKAL VILLAGE, TRIVANDRUM. ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.SAJU.S.A SRI.SAJU.S.POONTHODATHU,MEDIATOR THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- RFA 311 OF 2004-B -------------------------------------------------------- Dated 2nd July 2009 Judgment BHAVADASAN, J. It is stated that the parties have settled their disputes and entered into a compromise, the terms of which are shown in the petition filed by them. They pray that a decree may be passed in terms of the compromise. 2. In supersession of the decree passed by the court below, taking into consideration the terms of the compromise entered into between the parties, a decree is passed as follows : I. A sum of Rs.20,000/- has been given by the respondent on 20.04.2009 towards full and final settlement of the claim involved in the case. II. The appellant has agreed to withdraw CC No.57/01 pending before the Judicial First Class Magistrate's Court-II, Attingal, filed by him against the respondent for the offence punishable under Section 138 of the RFA 311/04 2 Negotiable Instruments Act, on the basis of the cheque involved in this case on 21.05.2009 as per the settlement. III. Both the parties mutually agreed that they will not initiate any other legal proceedings or raise any claim against each other with regard to the cheque involved in this case. IV. In view of S.69 of the Court Fee and Suit Valuation Act, ½ of the court fee paid while filing the appeal memorandum shall be refunded to the appellant. Sd/-P.R.RAMAN, JUDGE Sd/-P.BHAVADASAN, JUDGE True copy PA TO JUDGE RFA 311/04 3 sta RFA 311/04 4