IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.Rev.Pet.No. 138 of 2005(B) ------------------------------ CRA.158/2004 of ADDL. SESSIONS JUDGE ( ADHOC II), ERNAKULAM CC.853/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- P.V. ANDREWS, S/O. VARGHESE, POOVAN HOUSE, COLLEGE ROAD, MUVATTUPUZHA. BY ADV. SMT.P.V.KOCHUTHRESIA RESPONDENTS/RESPONDENTS/ COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.V. VIJAYAKUMAR, SIVARAM BHAVAN HOUSE, NEAR N G O QUARTERS, MUVATTUPUZHA. ADV. SRI.BENNY JOSEPH FOR R2 PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.A.No.1062/2005 in Crl.R.P.No.138 of 2005 Dismissed 16-11-2010 Sd/-, P.Q.BARKATH ALI, JUDGE /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.138 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2010 ORDER Revision petitioner is the accused in C.C.No.853/1999 on the file of Judicial First Class Magistrate Court, Muvattupuzha and appellant in Crl.Appeal No.158/2004 of Addl. Sessions ( Adhoc -II) Court, Ernakulam. The learned Magistrate by judgment dated January 20, 2004 convicted him under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment for a further period of 45 days. Fine amount, if realised was ordered to be paid to the complainant as compensation under Section 357 Cr.P.C. On appeal by the accused, the lower appellate court by judgment dated November 29, 2004 confirmed his conviction and sentence. The accused has now come up in revision challenging his conviction and sentence. 2. The case of the first respondent/complainant as testified by Crl.R.P..No.138/2005 2 him as PW1 before the trial court and as detailed in the complaint was that accused borrowed Rs. 1,00,000/- from the complainant and to discharge that liability, he issued the cheque Ext.P1 dated March 22, 1999 which when presented for collection was returned dishounoured for want of sufficiency of funds in the account of the accused in the bank and that in spite of notice Ext.P4, the accused did not repay the amount which is an offence punishable under Section 138 of Negotiable Instruments Act. 3. On receipt of the complaint, the learned Magistrate recorded the sworn statement of the complainant PW1 and took cognizance of the offence. The accused on appearance before the trial court pleaded not guilty to a charge under Section 138 of Negotiable Instruments Act. PW 1 was examined and Exts.P1 to P6 were marked on the side of the complainant. When questioned under Section 313 of Cr.P.C., the accused denied the entire transaction. Exts. D1 and D2 were marked on the side of the accused. 4. The learned Magistrate on an appreciation of evidence found the revision petitioner guilty of the offence punishable under Crl.R.P..No.138/2005 3 Section 138 of Negotiable Instruments Act , convicted him thereunder and sentenced him as aforesaid which is confirmed in appeal. The accused has now come up in revision challenging his conviction and sentence. 5. When the revision petition came up for hearing today, learned counsel for the revision petitioner is absent. Counsel for the revision second respondent submits that the matter has been settled between the parties and the complainant has received the entire amount due under the cheque. In the light of the above submission made by the counsel for the revision second respondent/complainant, the conviction of the revision petitioner under Section 138 of Negotiable Instruments Acts and sentence rendered by the trial court which is confirmed in appeal are set aside and the accused is acquitted under Section 320 Cr.P.C. His bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P..No.138/2005 4