IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Crl.Rev.Pet.No. 1533 of 2003(C) ------------------------------- CRA.15/1996 of ADDL.SESSIONS COURT, PATHANAMTHITTA CC.303/1993 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI .................... PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------ THOMAS JACOB, KARIATTU HOUSE, PAZHAVANGADI, P.O.RANNI. BY ADVS. SRI.P.K.VARGHESE, SRI.E.C.BINEESH. RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. MATHEW T.MATHEW, THENGUMTHOTTATHIL HOUSE, PAZHAVANGADI, RANNI PO, 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA. R1 BY ADV. SRI.SATHISH NINAN R2 BY PUBLIC PROSECUTOR SRI. T.R. RAJESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl. R.P No.1533 OF 2003 ----------------------------------------- Dated this the 9th day of November 2011 ORDER Read the order dated 14-10-2011 in Crl.M.A Nos.7923/2011 and 7924/2011, by which the request made for composition of the offence under Section 138 of the Negotiable Instruments Act, with which the petitioner stands convicted of, was tentatively accepted subject to payment of cost fixed to the Kerala State Legal Service Authority. Receipt produced evidencing payment of the cost as directed. Counsel for petitioner/accused submitted that settlement was effected by discharging the liability directly to the complainant and as such the petitioner be permitted to withdraw the sum of `.2,00,000/-, deposited before the Magistrate Court. The learned counsel for the 1st respondent acknowledging that the liability was discharged by direct payment, submits that he has no objection in granting permission to the petitioner to get withdrawal of the amount deposited before the Magistrate Court. Any amount deposited by the petitioner, in connection with the orders made for suspension of sentence, shall be released to him. In the circumstance, accepting the composition of the offence requested Crl. R.P No.1533 OF 2003 2 for, conviction and sentence imposed against the 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