IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Crl.Rev.Pet.No. 742 of 2011() ----------------------------- CRA.266/2007 of SESSIONS COURT, THODUPUZHA ST.22/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THODUPUZHA .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- SAMSON V.D., VALIYAPARAMBIL HOUSE, SANTHAMPARA P.O., POOPPARA, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENTS: RESPONDENTS/COMPLAINANT AND STATE -------------------------------------------------------------------------------- 1. ADVOCATE SEBASTIAN JOSEPH, S/O.JOSEPH, CHOVALIKUDIYIL HOUSE, SANKARAPPILLI KARA, MUTTOM VILLAGE, THODUPUZHA TALUK PIN - 685 584 2. STATE OF KERALA TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.T.N.SURESH FOR R1 SRI.N.M.VARGHESE R2 BY P.P. SMT. REKHA C. NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.742 OF 2011 ---------------------------------------- Dated 18 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.2563/2011, 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 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. crrp 742/11 2 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 8.6.2007 in S.T.No.22/2007 of the Judicial First Class Magistrate Court- II, Thodupuzha and the judgment dated 21.3.2009 in Crl.A.No.266/2007 of the Sessions Judge, Thodupuzha 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/- crrp 742/11 3