IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.Rev.Pet.No. 1697 of 2003() ------------------------------ CRA.350/2001 of III ADDL. SESSIONS COURT, THRISSUR ST.240/1997 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER/ APPELLANT/ACCUSED: --------------------------------------- RAPPAI, S/O. PAILODH, AMBILY SHOE MART, RAILWAY STATION ROAD, OLLUR, THRISSUR. BY ADV. SRI.N.ANILKUMAR RESPONDENTS/ RESPONDENT/COMPLAINANT: -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. E.J. CLETUS, S/O. JOHN, ELUVATHINGAL HOUSE, ROSE GARDEN, PERINGAVU, THRISSUR. ADV. SRI.P.VIJAYA BHANU FOR R2 SMT.P.MAYA FOR R2 P.P.SRI.RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CRL.R.P.No.1697 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R Petitioner was concurrently found guilty both by the trial court and the appellate court under Section 138 of the N.I.Act and convicted and sentenced thereunder. 2. An application for composition of the offence has now been filed by respondent No.2/complainant and the petitioner/accused under Section 147 of the Act. In the affidavit filed by the complainant in support of the application, it is averred that the matter has been amicably settled between the parties. It is further stated that the complainant has no objection in releasing the sum of Rs.20,000/= to the petitioner/accused who had deposited the same before the trial court as directed by this Court in this revision petition. 2. In view of the above facts and circumstances, while recording the compromise as indicated in the affidavit and the application accompanying thereto, the order of conviction and sentence passed against the petitioner is set aside. He is acquitted. 2 The Criminal Revision Petition is disposed of in the above terms. A.K.BASHEER, JUDGE) cl