IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.Rev.Pet.No. 846 of 2000(A) ------------------------------------------ CRA.96/1997 OF IST ADDL.SESSIONS COURT, ERNAKULAM, ST.1078/1995 OF JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI. .................... REVISION PETITIONER/ APPELLANT/ ACCUSED: ---------------------------------------------------------------------- DOMINIC PODUTHAS, S/O. PETER PODUTHAS, THATHANKERIL HOUSE, OCHANTHURUTHU, VALAPPU. BY ADV. SRI.M.M.MONAYE, ADV. SRI.M.PAUL VARGHESE. RESPONDENTS/ RESPONDENTS/COMPLAINANT: ---------------------------------------------------------------------- 1. V.G. VENU PRASAD, PADINJARAKUTTU HOUSE, NAYARAMBALAM, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY GOVT. PLEADER, HIGH COURT, ERNAKULAM. PUBLIC PROSECUTOR SRI. JAI GEORGE FOR R2, ADV. SRI.K.N.SIVASANKARAN FOR R1, ADV. SRI.SUNIL SHANKER FOR R1. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 846 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2008. ORDER Petitioner who was concurrently found guilty under Section 138 of the Negotiable Instruments Act, by the trial court as well as the appellate court has preferred this revision petition challenging the order of conviction and sentence passed against him. 2. The trial court sentenced the petitioner to undergo simple imprisonment for 3 months and to pay a fine of Rs.10, 000/- with a default sentence. In appeal, the above order of conviction and sentence was confirmed by the Sessions Court. 3. When this case came up for consideration today, learned counsel for the parties submitted that the matter has been settled out of court. An application for composition of the offence has also been filed as Crl.M.A.5214/2008, in which it is averred that the complainant does not have any grievance against the petitioner- accused and he does not intend to prosecute him any further since the amount covered under the cheque has been paid by the petitioner. The complainant, the accused and their respective counsel have signed in the petition for composition. 4. In view of the above development, the petition for composition is allowed. Petitioner is acquitted. Criminal Revision is disposed of in the above terms. A.K. Basheer Judge. an.