IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Crl.Rev.Pet.No. 3522 of 2005 ------------------------------ CRA.117/2001 of III ADDL.SESSIONS COURT, KOLLAM CC.442/1997 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... REVN. PETITIONER: APPELLANT/ACCUSED ---------------------------------------------------------- A.C.IDICULA, BABU MANGALAM, AMBIPOIKA P.O., KUNDARA, ELAMPALLOOR VILLAGE, KOLLAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSEUCUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.SASIDHARAN, THENGUVILA HOUSE, PALACE WARD, THEVALLY, KOLLAM WEST VILAGE,KOLLAM. ADV. SRI.B.KRISHNA MANI FOR R2 SRI.RAHUL VENUGOPAL FOR R2 PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.NO. 3522 OF 2005 ======================= Dated this the 1st day of July 2011 ORDER This criminal revision petition is allowed. The offence under Section 138 of the Negotiable Instruments Act in C.C.No.442 of 1997 on the file of the Court of Chief Judicial Magistrate, Kollam is compounded as per order of this Court in Crl.M.A.No.5882 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 Magistrate is directed to return the amount of Rs.30,000/- to the accused/revision petitioner which was deposited by the accused/revision petitioner before that court as per directions of this Court in Crl.M.A.No.23228/2005 dated 27/12/2005 as agreed by the complainant and as settled between the parties and averred in the joint petition filed by the revision petitioner and the second respondent in CRRP 3522/2005 -2- Crl.M.A.No.5882/2001 and on production of a copy of this order before that court. Sd/- M.C. HARI RANI JUDGE ks. TRUE COPY P.S. TO JUDGE