IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.Rev.Pet.No. 3281 of 2010 () ------------------------------ (CRA.282/2007 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.824/2003 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM) .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------- ANANDAN MANUVIHAR, KUTTOOR PO, THIRUVALLA. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------------------------------------------- 1. P.J.HARIDAS, PARAKKAT MANNAM, PUZHAVATHU P O , CHANGANACHERRY PIN 686101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.GEORGE SEBASTIAN R2 BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No.3281 of 2010 ---------------------------------------- Dated this the 12th 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 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.10522/ 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. 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. 2 Crl.R.P.No.3281 of 2010 In the result, this Crl.Revision petition is allowed setting aside the judgment dated 15.2.2007 in C.C.No.824 of 2003 of the Judicial First Class Magistrate Court-II, (Mobile), Kottayam and the judgment dated 30.7.2009 in Crl.A.No.282 of 2007 of the court of Session, Kottayam Division 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/