IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.Rev.Pet.No. 1414 of 2001(A) ------------------------------ CRA.134/2001 of III ADDL.SESSIONS COURT, ERNAKULAM CC.618/1998 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- C.P. ANTO, S/O.C.C. PAUL, CHITTEZHATH HOUSE, ELAMKULAM P.O., COCHIN-20. BY ADV. SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW RESPONDENTS/RESPONDENT/COMPLAINANT & STATE: ------------------------------------------------------------ 1. M/S.THEKKEN & COMPANY, 39/3144 D.CHELAVEETTIL ESTATE, VALANJAMBALAM, KOCHI-16, REPRESENTED BY MATHEW GEORGE, POWER OF ATTORNEY HOLDER. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, KERALA HIGH COURT, ERNAKULAM. R1 BY ADV. SRI.JOSHI THANNIKKAMATTOM R2 BY PUBLIC PROSECUTOR, SRI. AMJETH ALI. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1414 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April 2008 ORDER Petitioner was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act at the instance of respondent No.1 herein. The trial court found the petitioner guilty and he was convicted and sentenced to undergo simple imprisonment for 6 months and to pay a compensation of Rs.36,815/- to the complainant under Section 357(3) of the Code of Criminal Procedure. The above order of conviction and sentence was confirmed in appeal by the Sessions Court. 2. In view of the intervening development, I do not deem it necessary to deal with the facts of the case in detail. 3. It is brought to my notice that subsequent to the judgment of the Sessions Court, the petitioner was arrested and sent to prison in execution of the order. It appears that petitioner was in jail for 3 days. This revision petition was filed while the petitioner was in custody, as is revealed from the order passed by this Court while suspending the sentence. Crl.R.P.No.1414 OF 2001 :: 2 :: 4. The case of the petitioner is that the liability was paid off on his behalf to the complainant on December 19, 2001, while he was in custody. Learned counsel has produced the original receipt issued by the complainant acknowledging receipt of the money as agreed between the parties. In the receipt it is specifically mentioned that the amount has been received by way of full and final settlement of the cheque amount in CC.No.618/98. The original receipt shall form part of the record. 5. Though respondent no.1/complainant has appeared through counsel, he is not present in court not only today but also on the two previous posting dates. In the peculiar facts and circumstances, I do not find any reason to disbelieve the counsel for the petitioner. Similarly, the stamped receipt issued by respondent No.1 also appears to be genuine. Therefore, the order of conviction and sentence is set aside. Petitioner is acquitted. (A.K.BASHEER, JUDGE) jes