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. 3397 of 2010 () ------------------------------ ( CRA.287/2007 of ADDL. SESSIONS COURT, IRINJALAKUDA ST.579/2005 of THE ADDL. MUNSIFF AND JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALUDA) .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------------------------------- K.G.MANOJ, AGED 31 YEARS, S/O.GANGADHARAN, KIZHAKKE VALAPPIL HOUSE, RAPPAL, PARAPPUKKARA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. JOSE, S/O.ANTONEY, PULOKKARAN HOUSE, THURAVU VILLAGE, PUDUKKAD DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT 690 301. 2. THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.P.R.JOSHY R2 BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18.11.2010, THE COURT ON 18/11/2010 PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No.3397 of 2010 ---------------------------------------- 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 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.10867 of 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 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. 3. In the result, this Crl.Revision petition is allowed 2 Crl.R.P.No.3397 of 2010 setting aside the judgment dated 5.3.2007 in S.T.No.579/05 of the Addl. Munsiff and Judicial First Class Magistrate Court-Irinjalakuda and the judgment dated 31.8.2010 in Crl.A.No.287/07 of the court of Addl. Sessions Judge- Irinjalakuda, 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/