IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 CRL.A.No. 1493 of 2008 --------------------------------- (LEAVED GRANTED AS PER ORDER DTD.26.6.2008 IN CRL.L.P.NO.500/2008) AGAINST THE JUDGMENT DTD. 24.11.2007 IN CRA.329/2004 of ADDL.SESSIONS COURT (SPL.COURT), KOTTAYAM AGAINST THE ORDER DTD.27.5.2004 IN C.C.NO.629 OF 2002 OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM ) .................... APPELLANT(S): RESPONDENT IN CRA NO.329/2004/COMPLAINANT: -------------------------------------------------------- JOSE XAVIER, 'JOXILLA', S.H.MOUNT P.O. KOTTAYAM REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.E.A.THOMAS, EDAYADIYIL, MEVELLOOR KARA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.V.M.SYAM KUMAR RESPONDENTS(S): APPELLANT/ACCUSED: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. 2. VARKEY GEORGE, S/O.LATE VARKEY, NATHAYIL HOUSE, MEVELLOOR P.O., VAIKOM TALUK, KOTTAYAM DIST. R1 BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A.No. 1493 of 2008 ---------------------------------------- Dated this the 4th day of July, 2011 J U D G M E N T The above appeal is filed by the complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short the 'N.I.Act') in which the challenge is against the order of acquittal recorded by the Sessions Court by its judgment dated 24.11.2007 in Crl.A.No.329 of 2004 by which the accused is acquitted. During the pendency of the above appeal, Crl.M.A.No.5781 of 2011 is filed wherein it is stated that the dispute has been settled between the parties out of court and no grievance subsists in the matter and accordingly, permission is sought to withdraw the appeal. In the light of the above facts and circumstances, the appeal is dismissed as withdrawn. V.K.MOHANAN, Judge. MBS/ Crl.R.PNO. :-2-: MBS/ V.K.MOHANAN, J. O.P.No. Crl.R.PNO. :-3-: JUDGMENT Dated:..