IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.Rev.Pet.No. 966 of 2010 ------------------------------- (CRMP.331/2010 of SESSIONS COURT, KOLLAM DIVISION CC.64/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), PUNALUR) .................... REVN. PETITIONER/PETITIONER/ACCUSED: ----------------------------------------------- MUHAMMED KUNJU, PUTHEN BUNGLOW PANANGADU, VALAKKODU, PUNALUR. BY ADV. SRI.M.DINESH SRI.P.M.JOSEPH RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------------------------- 1. J.FRANCIS, S/O.JOSEPH VANCHIYOOR, THALAMOOTTIL VEEDU NEDUMKAYAM, PUNALUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.K.RAJESH KANNAN FOR R1 BY PUBLIC PROSEUCTOR SMT.M.K.PUSHPALATHA FOR R2. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No. 966 of 2010 - A ---------------------------------------- Dated this the 19th Day of May, 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 found that the accused is guilty and accordingly, he is convicted and sentenced for the above offence. 2. Today by a separate order, in Crl.M.A.No.4512/2010, this court allowed the parties to compound the offence and accordingly, the composition of the said offence is recorded. 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 the Cr.P.C. 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 24.1.2006 Crl.R.P. No.966 OF 2010 -:2:- in C.C.No.64/2004 of the Judicial First Class Magistrate Court II, Punalur and the judgment dated 5.3.2010 in Crl.M.P.No.331/2010 of the court of Sessions, Kollam Division and acquitting the revision petitioner of all the charges levelled against him in the above . The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE MBS/ Crl.R.P. No.966 OF 2010 -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..