IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH NOVEMBER 2006 / 6TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 4148 of 2006() ------------------------------ CRA.816/2005 of SESSIONS COURT, KOZHIKOE CC.76/2004 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER: APPELLANT/ACCUSED: -------------------------------------------------------------- JOHN PETER, S/O.SIMON PETER, AGED 80 YEARS, PUZHATHAZHATH PARAMBU, PUTHIYARA P.O., KOZHIKODE. BY ADV. SRI.R.SUDHISH RESPONDENTS: COMPLAINANT & STATE: ---------------------------------------------------------- 1. PRASANTH KUMAR O.P, S/O.KRISHNANKUTTY NAIR, OTTAPILAKANDY HOUSE, P.O.KANNANKARA, CHELANNUR, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.VINOD SINGH CHERIYAN BY PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J --------------------------------------------- Crl. R.P. No.4148 of 2006 --------------------------------------------- Dated this the 27th day of November, 2006 ORDER The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo imprisonment till the rising of the court and to pay a sum of Rs.50,000/- as compensation under Section 357(3) of Code of Criminal procedure and in default to undergo simple imprisonment for a period of one month. The appellate court confirmed the conviction and sentence. Crl.M.A.No.11944/2006 filed by the complainant and the accused under Section 147 of the Negotiable Instruments Act, was allowed. Accordingly, the Crl.R.P. is allowed and the conviction and sentence of the petitioner are set aside. The petitioner is acquitted under Section 320(8) of the Code of Criminal procedure. K.T.SANKARAN, JUDGE csl