IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.Rev.Pet.No. 75 of 2000(B) ----------------------------- CRA.60/1999 of V ADDL.SESSIONS COURT, ERNAKULAM CC.584/1996 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- V.K. GOPALAKRISHNAN, S/O.KUTTAN, VALUMMEMMOOKIL HOUSE, EDAKKATTUVAYAL VILLAGE, EDAKKATTUVAYAL P.O. BY ADV. SRI.T.P.VARGHESE SRI.PHILIP T.VARGHESE RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------- 1. T.S. SOMASUNDARAM, S/O.SANKARAN NAIR, THACHAKUZHIYIL HOUSE, EDAKKATTUVAYAL VILLAGE, EDAKKATTUVAYAL P.O., MULANTHURUTHY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SUNU P.JOHN SRI.P.K.MURALEEDHARAN R2 BY PUBLIC PROSECUTOR, SRI.C.M. NAZAR. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.75 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April 2008 ORDER Petitioner was concurrently found guilty under Section 138 of the Negotiable Instruments Act by the trial court as well as the appellate court. 2. It is brought to my notice that the matter has been settled between the parties. A petition signed by the complainant and the accused as well as their respective counsel has been filed as Criminal M.A.3552/08 for composition of the offence. In the said application, it is averred that the complainant has received a further sum of Rs.10,000/- from accused in full and final settlement of the entire liability covered under the cheque. It is also averred that amount of Rs.10,000/- deposited in E.P.No.428/06 in O.S.308/99 can be withdrawn by the complainant apart from the sum of Rs.5,000/- deposited by the accused before the Judicial Magistrate of First Class No.I, Ernakulam. Thus, it is agreed by the parties that the entire dues payable in connection with the cheque would be discharged. Crl.R.P.No.75 OF 2000 :: 2 :: In the above facts and circumstances, the petition for composition is allowed. Petitioner is acquitted. The court below shall release the amount in deposit to the complainant. (A.K.BASHEER, JUDGE) jes