IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH DECEMBER 2006 / 15TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 4350 of 2006() ------------------------------ CRA.658/2003 of IV ADDL.SESSIONS COURT, ERNAKULAM CC.1292/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER: ------------------ P.A.ABDUL KHADER, S/O ABDUL REHMAN, POOVETHINGAL HOUSE, MARAMBILLY P.O., ALUVA, ERNAKULAM. BY ADV. SRI.C.R.VINOD KUMAR RESPONDENTS: ------------- 1. ALI RAJU, MANAKKAPARAMBIL HOUSE, THALIKKATTUKARA, ALUVA, ERNAKULAM 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI.C.S.VINODKUMAR PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J --------------------------------------------- Crl. R.P. No. 4350 of 2006 --------------------------------------------- Dated this the 6th day of December, 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 month and was directed to pay a sum of Rs.10,000/- to the complainant under Section 357(3) of the Code of Criminal Procedure. The appellate court confirmed the conviction and sentence. 2. An application, Crl.M.A.12595/2006 has been filed under Section 147 of the Negotiable Instruments Act, signed by the complainant as well as the accused, stating the matter is settled between the parties. That application was allowed. In the result, this Crl.R.P. is allowed. The conviction and sentence on 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