IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Crl.Rev.Pet.No. 842 of 2011() ----------------------------- CRA.273/2004 of ADDL.SESSIONS JUDGE, ADHOC-II,THALASSERY CC.487/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... REVN. PETITIONERS: ----------------------------- P. VALSAN, S/O. MULIYAN KUNHIRAMAN, EDAKKANAM, KEESHUR P.O., THALASSERY. BY ADV. SRI.CIBI THOMAS RESPONDENTS: --------------------- 1. RAGHAVAN NAMBIAR , S/O. KUNHI MOIDU, THILLENKERI AMSOM DESOM, THALASSERY. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.T.J.SEEMA FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.842 of 2011 ---------------------------------------- Dated 28 th day of March , 2011 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. 2750/2011, 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 crrp 842/11 2 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. 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 29.3.2004 in C.C.No.487 of 2000 of the Judicial First Class Magistrate Court, Mattannur and the judgment dated 31.8.2010 in Crl.A.No.273/2004 of the Addl.Sessions Judge, Ad hoc-II, Thalassery and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. V.K.MOHANAN, JUDGE kvm/- crrp 842/11 3