IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Crl.Rev.Pet.No. 2185 of 2004(C) ------------------------------------- CRA.878/2003 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM CC.1719/2001 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------ O.GHEEVARGHESE, PARANKIMAVILA HOUSE, F.32, T.C.C.COLONY, UDYOGAMANDAL, EROOR. BY ADV. SRI.SANU MATHEW RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------------------------------- 1. P.N.PARAMESWARAN PILLAI, S/O.NEELAKANDAN, KARTHIKA, XI/533, PANTHALATH, KADAVUROAD, KALAMASSERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.K.P.MAJEED R2 BY PUBLIC PROSECUTOR SMT.BINDU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.R.P. No.2185 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 9th day of February, 2011 O R D E R Revision petitioner is accused in C.C.No.1719 of 2001 on the file of the Judicial Magistrate of the First Class-I, Kochi-5 and appellant in Crl.Appeal No. 878 of 2003 on the file of the Addl. Sessions Court (Adhoc-I), Ernakulam. He was convicted under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for six months and to pay a compensation of Rs.1,50,000/- to PW1 complainant, in default to undergo simple imprisonment for two months. On appeal, the lower appellate court confirmed his conviction but modified the sentence to imprisonment till the rising of the court and to pay compensation of Rs.1,50,000/- to complainant PW1, in default to undergo simple imprisonment for two months. Now the accused has come up in revision challenging his conviction and sentence. CRRP 2185/2004 2 2. When the case came up for hearing today, learned counsel for the 1st respondent/complainant submits that the matter has been settled out of court, which is also admitted by the learned counsel for the revision petitioner/accused. They have no objection in allowing the revision petition and acquitting the accused. 3. Therefore the conviction of the revision petitioner which was confirmed in appeal by the lower appellate court and sentence imposed by the trial court which was modified in appeal by the lower appellate court are set aside. In view of the above submission made by the learned counsel for the 1st respondent/complainant, the revision petition is allowed. The conviction and sentence imposed on the revision petitioner are set aside and the revision petitioner/accused is acquitted under section 320 Cr.P.C. His bail bonds are cancelled. P.Q.BARKATH ALI, JUDGE. mn. CRRP 2185/2004 3 P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.A.No. 2185 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~= O R D E R 9-2-2011