IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Crl.Rev.Pet.No. 2341 of 2011() ------------------------------ CRA.346/2010 of ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM ST.2695/2008 of JFCM COURT-V, ERNAKULAM .................... REVN. PETITIONERS/APPELLANTS/ACCUSED 1 AND 2: -------------------------------------------------------------------------------- 1. M/S.PARAPPURATH CHITTIES (P) LTD., REGISTERED OFFICE 40/7873, LAKSHMI BUILDINGS, PULLEPPADY ROAD, PADMA JUNCTION, KOCHI-35, REPRESENTED BY ITS MANAGING DIRECTOR. 2. MR.P.N.RADHAKRISHNAN, AGED 52 YEARS, MANAGING DIRECTOR, M/S.PARAPPURATH CHITTIES (P)LTD REGISTERED OFFICE, 40/7873, LAKSHMI BUILDINGS, PLULLEPPADY ROAD, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.T.N.HAREENDRAN RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. MR.M.L.FRANCIS, KOCHUTHRESSIA BHAVAN, PANDARACHIRA ROAD, KADAVANTHRA P.O., KOCHI-20. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.GEORGE CHERIAN R2 BY PUBLIC PROSECUTOR SRI. T.R. RAJESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2341 OF 2011 ----------------------------------------- Dated this the 27th day of October 2011 ORDER Read the order dated 13-10-2011 in Crl.M.A No.8911/2011. Under the aforesaid order, the joint application moved by the parties to compound the offence has been tentatively accepted subject to payment of costs fixed to the Kerala State Legal Services Authority. It is reported that costs have been paid as directed and receipt evidencing such payment also produced. 2. The learned counsel for the revision petitioner/accused would submit that pursuant to orders passed by the lower appellate court, a sum of `.20,000/- had been deposited before the Magistrate Court to comply with the condition imposed for suspension of sentence. Since whatever liability under the dishonoured cheque had been paid to the complainant, the revision petitioner/accused may be allowed to get withdrawal of that sum, submits the counsel. The learned counsel for the respondent has no objection in releasing the aforesaid sum in deposit to the revision petitioner/accused. 3. Amount, if any, deposited by the revision petitioner/accused, as indicated above, shall be released to him. Accepting the Crl.R.P No.2341 OF 2011 2 composition of the offence made by the parties, setting aside the conviction and sentence imposed against the accused, he is acquitted of the offence under Section 138 of the Negotiable Instruments Act. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge