IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 526 of 2008() ------------------------ CRA.453/2006 of III ADDL.SESSIONS COURT, ERNAKULAM CC.1657/2001 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ------------ MR. KURUVILLA JOHN, S/O. P. JOHN, AGED 59 YEARS, AQUA VILLA, KALATHILPADI, KOTTAYAM. BY ADV. SRI.K.K.JOHN RESPONDENTS: ----------------- 1. MR. ABRAHAM P. SIMON, S/O. P. SIMON, AGED ABOUT 54 YEARS, KOCHUVEETIL HOUSE, CHERUPARAMBATH ROAD, ERNAKULAM, COCHIN -20. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.526 of 2008 ========================== Dated this the 5th day of February, 2008. O R D E R In the light of the affidavit filed by the complainant and countersigned by the counsel for the petitioner/accused, the petitioner/accused who is in custody, is acquittal of the offence punishable under Section 138 of the Negotiable Instruments Act. Consequently the judgment dated 27.04.2006 in C.C. No. 1657/2001 on the file of the Additional Chief Judicial Magistrate, Ernakulam as confirmed by the judgment dated 24.07.2007 in Crl. Appeal No. 453/2006 on the file of the Additional Sessions Court, Ernakulam shall stand set aside. The petitioner/accused shall be released from custody forthwith unless his continued custody is required in connection with any other case. V. RAMKUMAR, JUDGE. rv