IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.Rev.Pet.No. 1056 of 2000(A) ------------------------------ CRA.173/1996 of SESSIONS COURT, KOTTAYAM CC.778/1992 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... REVN. PETITIONER/APPELLANT: ---------------------------------- RAJANKUTTY.K.S., KARICKAL HOUSE, KARINILAM P.O., MUNDAKKAYAM. BY ADV. SRI.M.NARENDRA KUMAR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. N.P. VILASINI BAI, W/O. MOHANDAS, DIANAS, NEAR M.G.M. HIGH SCHOOL, PAMPADY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. R2 BY PUBLIC PROSECUTOR, SRI.AMJETH ALI. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1056 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April 2008 ORDER When this revision petition, which is at the instance of the accused in a prosecution under Section 138 of the Negotiable Instruments Act, came up for consideration on April 4, 2008 it was submitted at the Bar that the matter had already been settled between the parties and the complainant had been paid the entire dues covered in the cheque. Learned counsel had invited my attention to the photocopy of the receipt issued by the complainant which was produced along with Crl.M.P.5668/2000 in the revision petition. 2. Since the complainant was not served with notice in the revision petition, the petitioner was directed to take out notice through special messenger. Accordingly, respondent No.1/complainant has been served with notice through messenger. There is no appearance either in person or through counsel. Crl.R.P.No.1056 OF 2000 :: 2 :: 3. Learned counsel has made available original receipt which was reportedly signed by the complainant. It is seen that the counsel for the complainant had also signed in the receipt dated November 2, 2000. Learned counsel submits that in view of the fact that the petitioner had paid off the entire liability and the matter having been settled between them, the order of conviction and sentence may be set aside. In the peculiar facts and circumstances of the case, placing reliance on the original receipt which shall be marked as Ext.X1 and form part of the record, I am satisfied that the above prayer can be allowed. Accordingly, the order of conviction and sentence passed against the petitioner is set aside. He is acquitted. Revision petition is allowed. (A.K.BASHEER, JUDGE) jes