IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH DECEMBER 2006 / 14TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 4308 of 2006() ------------------------------ CRA.627/2005 of ADDITIONAL DIST. & SESSIONS COURT (ADHOC)-II, KOLLAM CC.934/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER: APPELLANT/ACCUSED ------------------------------------------------------------- LEELA RAMACHANDRAN, W/O.VIJAYARAGHAVA KURUP NIRMALYAM, MULANKADAKOM WARD NO.7 THIRUMULLAVARAM P.O., KOLLAM. BY ADV. SRI.T.A.SHAJI SMT.T.V.NEEMA SMT.RAGAM.S.MOHAN RESPONDENTS: RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. E.BABY MUBARAK MANZIL, ISWARYA NAGAR VADAKKEVILA P.O., KOLLAM. BY ADV. SRI.GEORGE MATHEWS BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J --------------------------------------------- Crl. R.P. No. 4308 of 2006 --------------------------------------------- Dated this the 5th day of December, 2006 ORDER The petitioner was found guilty for the offence punishable under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for a period of seven months and to pay a fine of Rs.5,000/- and in default to undergo simple imprisonment for a further period of two months. The petitioner challenged the conviction and sentence in appeal. The appellate court dismissed the appeal and confirmed the conviction and sentence. 2. Crl.M.ANo.12472/2006 was filed by the petitioner/accused and the second respondent/complainant under Section 147 of the Negotiable Instruments Act stating that the dispute has been settled between the parties and that the entire amount covered by the cheque was received by the complainant. That application was allowed. Accordingly, this Crl.R.P. is allowed. The conviction and sentence imposed on the petitioner are set aside and the petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. K.T.SANKARAN, JUDGE csl