IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.Rev.Pet.No. 809 of 2011() ----------------------------- CRA.20/2009 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.649/2006 of JUDL.MAGISTRATE OF FIRST CLASS, CHENGANNUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- K.MOHANKUMAR, S/O.KESAVAN PILLAI, KINDANGUR VEEDU, MAZHUKEERKEEZH MURI, THIRUVANVANDOOR, CHENGANNUR. BY ADV. SRI.K.HARILAL RESPONDENTS: RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------- 1. K.C.SAMUEL, KOLLAMPARAMBIL VEEDU, MAZHUKEERKEEZH MURI, THIRUVANVANDOOR, CHENGANNUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SHAJIN S.HAMEED FOR R1 R2 BY P.P. SRI V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No.809 OF 2011 ---------------------------------------- Dated 21st Day of March, 2011 ORDER The revision petitioner is the accused in a prosecution for the offence under section 138 of the N.I.Act and the trial court as well as the lower appellate court found that the accused is guilty and accordingly he is convicted and sentenced for the said offence. 2. Today by a separate order, in Crl.M.A.No. 2627/2011, this court allowed the parties to compound the offence and accordingly, the composition of the said offence is recorded. The revision petitioner has also complied with the condition of paying cost, as fixed by this Court, on the basis of the guideline issued by the Apex Court in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457]. In the light of the composition of the offence between the contesting CRRP NO.809/11 2 parties, I am of the view that this Crl. R.P can be allowed, acquitting the accused in terms of Section 320(8) of Cr.P.C. 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 18.12.2008 in C.C.No.649 of 2006 of the Judicial First Class Magistrate Court, Chengannur and the judgment dated 28.8.2009 in Crl.A.No.20/2009 of the Additional Sessions Judge-1, Mavelikara and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE kvm/- CRRP NO.809/11 3