IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Crl.Rev.Pet.No. 1466 of 2001(C) --------------------------------------- CRL.A.30/2001 ON THE FILE OF THE COURT OF THE VITH ADDL. SESSIONS JUDGE, ERNAKULAM. C.C.NO.1126/1999 ON THE FILE OF THE COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE OF ECONOMIC COURT, ERNAKULAM REVN. PETITIONER/APPELLANT/ACCUSED : ----------------------------------------------------- MANI A., KANNADIKOVILAKOM, OPP.KARTHEDATH JEWELLERY, TRIPOONITHURA BY ADV. MR.C.P.UDAYABHANU RESPONDENT/RESPONDENT/COMPLAINANT : ------------------------------------------------------ 1. K.V.RAMDAS, KANNANGANATHU HOUSE, CHERAI, ERNAKULAM 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.T.K.VIPINDAS THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 1466 of 2001(C) ORDER ON CRL.M.P.NO.6899 OF 2001 IN CRL.R.P.NO.1466 OF 2001 DISMISSED 24.02.2009 SD/- P.S.GOPINATHAN, JUDGE -TRUE COPY- P.A. TO JUDGE P.S.GOPINATHAN, J. -------------------------------- Crl.R.P. No.1466 OF 2001 & Crl.M.A.No.2148 OF 2009 -------------------------------- Dated this the 24th day of February, 2009 O R D E R This revision petition is filed challenging the legality, correctness and propriety of the concurrent findings of guilt and consequent conviction and sentence for offence under Section 138 of Negotiable Instruments Act. 2. Today when the revision petition came up for hearing, it is submitted that the matter was settled between the parties and a joint petition as Crl.M.A.No.2148/2009 was filed whereby, the first respondent had acknowledged the amount due as per the cheque in dispute and prayed for recording the settlement. I find no reason to reject the petition. In the circumstances, Crl.M.A.No.2148/2009 is allowed and the revision petitioner is acquitted under Section 320(8) Cr.P.C. read with Section 147 of the Negotiable Instruments Act. Fine amount if any paid shall be refunded to the petitioner. P.S.GOPINATHAN, JUDGE pac