IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Crl.Rev.Pet.No. 1090 of 2006() ------------------------------ CRA.131/2005 of SESSIONS COURT, THODUPUZHA ST.6/2004 of CHIEF JUDICIAL MAGISTRATE COURT, MUTTOM, THODUPUZHA .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------- R. SREELATHA, AGED 50 YEARS, W/O. VIJAYAKUMAR, NEELAKANTA VILAS (ATHIRA), THODUPUZHA P.O. BY ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.REJOY RAJ RESPONDENT/COMPLAINANT & STATE --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THODUPUZHA CHITS AND INVESTMENTS (P)LTD. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER AND EXECUTIVE DIRECTOR, PAUL JACOB. ADV. SRI.MATHEW JOHN (K) FOR R2 PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED SRI.DOMSON J.VATTAKUZHY FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1090 of 2006 ---------------------------------------- Dated this the 31st day of May 2011 O R D E R This revision petition is allowed. Offence under Section 138 of the Negotiable Instruments Act in S.T..No.06/2004 on the file of the learned Chief Judicial Magistrate, Muttom, Thodupuzha is compounded as per order in Crl.M.A.No.4779/2011. The conviction and sentence of the accused/revision petitioner under Section 138 of the Negotiable Instruments Act by the trial court as well as by the appellate court are set aside and the revision petitioner/accused is acquitted and set at liberty. The bail bond is cancelled. The 2nd respondent/complainant is permitted to withdraw the amount of Rs.50,000/- (Rupees fifty thousand only) deposited by the accused/revision petitioner before the trial court as per direction of this Court in Crl.M.A.No.3032 of 2006 dated 27/03/2006 provided that amount is still in deposit and as prayed for in Crl.M.A.No.4779/2011. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge