IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Crl.Rev.Pet.No. 1619 of 2011() ------------------------------ CRA.229/2006 of II ADDL. SESSIONS COURT, PALAKKAD CC.607/2003 of F THE JUDL.FIRST CLASS MAGISTRATE, PATTAMBI .................... REVN. PETITIONER: --------------------- USMAN, AGED 37 YEARS, S/O. ABOOBACKER, PUTHEN PEEDIKAKKAL VEEDU, MANNEMGODU DESOM, PULASSERI AMSOM, OTTAPALAM TALUK BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: -------------------- 1. MUSTHAPHA, S/O. ALIPPU, ELAYADATHU VEEDU, CHUNDAMPATTA AMSOM, DESOM OTTAPALAM TALUK. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI K.N. ABHILASH R2 PUBLIC PROSECUTOR SRI V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.1619 OF 2011 ---------------------------------------- Dated 28th Day of June, 2011 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed against the revision petitioner under section 420 of IPC. 2. C.C.No. 607 of 2003 is a case instituted in the court of Judicial First Class Magistrate Court, Pattambi, upon a private complaint preferred by the Ist respondent herein alleging the offences punishable under sections 420 of IPC and Section 138 of the NI Act, connected with a cheque allegedly issued by the petitioner herein. By judgment dated 18.3.2006 in C.C.No.607 of 2003, the court of Judicial First Class Magistrate, Pattambi, convicted the revision petitioner under section 420 of IPC and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.5000/-. The default sentence is fixed as simple imprisonment for two months. There is also an order to pay compensation to the complainant, out of the fine amount, on its CRRP 1619/11 2 realisation. Though an appeal was filed challenging the above conviction and sentence at the instance of the accused, by judgment dated 26.3.2008, in Crl.A.No,299/2006, the II Addl. Sessions Judge, Palakkad, dismissed the appeal confirming the conviction and sentence imposed by the trial court. It is the above judgments of the courts below and the conviction and sentence challenged in this Crl.R.P. 3. During the pendency of the above Crl.R.P., it is submitted by the counsel on both sides that, the matter has been settled out of court between the contesting parties and accordingly, they have filed a compounding petition, 4. Today by a separate order, in Crl.M.A.No. 5592/2011, this court allowed the parties to the dispute to compound the offence and accordingly, the composition of the offence under section 420 of IPC is recorded as this court is satisfied with the terms and conditions of the petition for composition. As the parties have settled the matter amicably, the revision petitioner/accused is entitled to get an acquittal by virtue of Section 320(8) of CRRP 1619/11 3 Cr.P.C In the result, this Crl.Revision petition is allowed setting aside the judgment dated 18.3.2006 in C.C.No.607 of 2003 of the court of Judicial First Class Magistrate, Pattambi and judgment dated 26.3.2008 in Crl.A.No.299/2006 of the II Addl Sessions Judge, Palakkad, and he is acquitted of all the charges levelled against him and the bail bond if any executed by him is cancelled and he is set at liberty. The Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/-