IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1056 of 2000()
1. RAJANKUTTY K.S.
... Petitioner
Vs
1. N.P.VILASINI BAI
... Respondent
For Petitioner :SRI.M.NARENDRA KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice A.K.BASHEER
Dated :09/04/2008
O R D E R
A.K.BASHEER, J.
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Crl.R.P.No.1056 OF 2000
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Dated this the 9th day of April 2008
ORDER
When this revision petition, which is at the instance of
the accused in a prosecution under Section 138 of the
Negotiable Instruments Act, came up for consideration on
April 4, 2008 it was submitted at the Bar that the matter had
already been settled between the parties and the complainant
had been paid the entire dues covered in the cheque.
Learned counsel had invited my attention to the photocopy of
the receipt issued by the complainant which was produced
along with Crl.M.P.5668/2000 in the revision petition.
2. Since the complainant was not served with notice in
the revision petition, the petitioner was directed to take out
notice through special messenger. Accordingly, respondent
No.1/complainant has been served with notice through
messenger. There is no appearance either in person or
through counsel.
Crl.R.P.No.1056 OF 2000
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3. Learned counsel has made available original receipt
which was reportedly signed by the complainant. It is seen
that the counsel for the complainant had also signed in the
receipt dated November 2, 2000. Learned counsel submits
that in view of the fact that the petitioner had paid off the
entire liability and the matter having been settled between
them, the order of conviction and sentence may be set aside.
In the peculiar facts and circumstances of the case,
placing reliance on the original receipt which shall be marked
as Ext.X1 and form part of the record, I am satisfied that the
above prayer can be allowed. Accordingly, the order of
conviction and sentence passed against the petitioner is set
aside. He is acquitted. Revision petition is allowed.
(A.K.BASHEER, JUDGE)
jes