IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH NOVEMBER 2006 / 3RD AGRAHAYANA 1928 Crl.Rev.Pet.No. 4142 of 2006() ------------------------------ CRA.939/2005 of SESSIONS COURT, ERNAKULAM CC.417/2001 of JUDL.MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA .................... REVN. PETITIONER:APPELLANT/ACCUSED ------------------------------------------------------------ JOY JOSEPH, S/O. JOSEPH AGED 48 YEARS, MUVATTUPUZHA MUNICIPALITY VIII-WARD, MARKET P.O., MUVATTUPUZHA. (CLERK, SOUTH INDIAN BANK, ERNAKULAM) BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: STATE/COMPLAINANT --------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. V.I.BABY, S/O. ITTANPILLAI, VATTAKKATTU VEEDU SOUTH MARADI KARA, MARADI VILLAGE. BY ADV. SRI.KRISHNAKUMAR BY PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J --------------------------------------------- Crl.R.P.No. 4142 of 2006 --------------------------------------------- Dated this the 24th day of November, 2006 ORDER The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for three months. On appeal by the accused, the appellate court dismissed the appeal on the ground that the appeal was filed beyond the period of limitation, the application for condonation of delay having been dismissed. Crl.M.A.No.11930/2006 signed by the complainant/accused and filed under Section 147 of the Negotiable Instruments Act was allowed. Accordingly, the conviction and sentence of the petitioner are set aside and the petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. K.T.SANKARAN, JUDGE csl