IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.Rev.Pet.No. 258 of 2010() ----------------------------- CRA.107/2008 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM CC.109/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------- RAJU ZACHARIA, S/O.ZACHARIA, AGED 59 YEARS, VALANADIYIL HOUSE, MULAKKULAM NORTH, PIRAVOM P.O. BY ADV. SRI.K.J.KURIACHAN RESPONDENTS/RESPONDENTS/COMPLAINANT -------------------------------------- 1. M/S.MANIKKANAMPARAMBIL CHITTY FUND, NADAKKAVU P.O., UDAYAMPEROOR, REPRESENTED BY ITS MANAGER AND POWER OF ATTORNEY HOLDER, M.V.MATHEW, S/O.LATE VARKEY, NADUVILEVEETTIL, MANIKKANAMPARAMBIL, UDAYAMPEROOR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.V.JOHN FOR R-1 PUBLIC PROSECUTOR SMT.ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.258 of 2010 ---------------------------------------- Dated this the 12th day of April 2011 O R D E R This Crl.R.P is allowed. The offence under Section 138 of the Negotiable Instruments Act in C.C.No.109/2006 on the file of the Additional Chief Judicial Magistrate Court, Economic Offences, Ernakulam is compounded as per order in Crl.M.A.No.3617 of 2011. The conviction and sentence of the accused/revision petitioner under Section 138 of the Negotiable Instruments Act is set aside and he is acquitted and set at liberty. The bail bond is cancelled. The learned Additional Chief Judicial Magistrate is directed to return the amount of Rs.50,000/- to the accused/revision petitioner which was deposited by the accused/revision petitioner before that court as per the direction of this Court in Crl.M.A.No.706/2010 dated 20/01/2010 as agreed by the complainant and as settled between the parties and averred in the joint petition filed by the revision petitioner and 1st respondent in Crl.M.A.No.3617/2011 on production of a copy of this order before that court. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.258/10 2 Crl.R.P.No.258/10 3 Crl.R.P.No.258/10 4 M.C.HARI RANI, J Crl.R.P.No.258/10 5 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.258/10 6