IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Crl.Rev.Pet.No. 1540 of 2011(B) -------------------------------------------- [CRL.A.NO.353/2009 OF ADDITIONAL DISTRICT & SESSIONS COURT (ADHOC), MAVELIKKARA, ST.NO.711/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, HARIPAD] .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- VIKRAMAN ,AGED 54 YEARS, S/O.JANARDHANAN, KOTHANDASSERIL,KOTTE MURI, THRIKUNNAPUZHA, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN. RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. B.MOHANAN NAIR, KARYATHU VEEDU, MAHADEVIKADU P.O,MAHADEVIKADU,HARIPAD, ALAPPUZHA DISTRICT, PIN – 690 514. 2. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN – 682 031. R1 BY ADVS. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL, R2 BY PUBLIC PROSECUTOR SMT. REKHA.C. NAIR. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.M.A No.7157 OF 2011 AND Crl.R.P No.1540 OF 2011 ----------------------------------------- Dated this the 24th day of August 2011 ORDER Read the order dated 17-08-2011. Composition petition filed jointly by the parties has been tentatively accepted subject to deposit of the cost ordered. Receipt has been produced evidencing payment of the cost to the KELSA. 2. A sum of `.10,000/-, according to the counsel for the accused, has been deposited before the lower appellate court pursuant to the orders passed in the revision by this court. As there is a full settlement by paying the amount to the complainant, the accused may be permitted to withdraw that amount, is the submission of the counsel. The learned counsel for the respondent/ complainant has no objection is allowing that request. 3. If any deposit as aforesaid has been made, it shall be released to the petitioner/accused. 4. In view of the composition made, conviction and sentence imposed against the revision petitioner/accused are set aside and he is acquitted of the offence under Section 138 of the Negotiable Instruments Act. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge