IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.Rev.Pet.No. 3613 of 2007() ------------------------------ CRA.1/2007 of ADDL. DISTRICT & SESSIONS COURT (ADHOC 1), THODUPUZHA ST.141/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, PEERUMEDU .................... REVISION PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------------------- RAVI, S/O.JAYARAJ, BETHEL HOUSE, MARKET ROAD, ELAPPARA. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.P.P.BIJU. RESPONDENT(S): RESPONDENTS/COMPLAINANT: -------------------------------------------------------------------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. J.YESUDAS, S/O JOSENA, KAILASABHAVAN, KOCHUKARINTHIRI P.O., ELAPPARA VILLAGE, PEERMADE. R1 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND R2 BY ADVS. SRI.L.LINTON, SRI.PRADEEP JOY. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No.3613 of 2007 ---------------------------------------- Dated this the 18th day of November, 2010 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 have 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.10711/ 2010, 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 stipulated in the decision of the Apex Court 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 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. In the result, this Crl.Revision petition is allowed 2 Crl.R.P.No.3613 of 2007 setting aside the judgment dated 4.12.2006 in S.T.No.141/06 of the Judicial First Class Magistrate Court-I, Peermade and the judgment dated 21.4.2007 in Crl.A.No.1/07 of the court of Addl. District & Sessions judge (Ad hoc-I), Thodupuzha, 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. ami/