IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.Rev.Pet.No. 2159 of 2010() ------------------------------ CRA.563/2006 of I ADDL. SESSIONS COURT, KOLLAM ST.2/2006 of JUDICIAL FIRST CLASS MAGISTRATE -IV, KOLLAM .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- IGNACIOUS STANCILOUS, KIZHAKKATHIL, KAKKOOTTUMOOLA, MAYYANADU, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): COMPLAINANT -------------------------- 1. JAYORUS, PAZHAVILA, PULLICHIRA P.O., MAYYANAD, KOLLAM. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.S.BIJU (KIZHAKKANELA) FOR R1 R2 BY P.P. SRI V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No 2159 OF 2010 ---------------------------------------- Dated the 21st Day of October, 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 said offence. 2. Today by a separate order, in Crl.M.A.No. 9915/2010, 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 fixed by this Court, on the basis of the guideline issued by the Apex Court in the decision reported in Damodar.S.Prabhu v. Crl.R.P.2159/10 -:2:- 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. 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 7.10..2006 in S.T.No.2/2006 of the Judicial First Class Magistrate Court-IV, Kollam and the judgment dated 23.3.2005 in Crl.A.No.563 of 2006 of the court of Ist Addl. Sessions Judge, Kollam 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/- Crl.R.P.2159/10 -:3:- kvm/- V.K.MOHANAN, J. O.P.No. JUDGMENT Crl.R.P.2159/10 -:4:- Dated:..