IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Crl.Rev.Pet.No. 2583 of 2010() ------------------------------ CRA.1019/2006 of VI ADDL.DIST. & SESSIONS COURT, ERNAKULAM CC.1126/2003 OF JFCM COURT, KOTHAMANGALAM. .................... REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- SELIN GEORGE, W/O. GEORGE, PARAYIDAM HOUSE, AGED 49 YEARS, PAINGATTOOR KARA,KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.P.V.ELIAS RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. BENNY T.KURIAKOSE, S/O. KURIAKOSE, THEKKETHOTTIYIL HOUSE, PAINGATTOOR KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK.- 686671 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- COCHIN. 31. ADV. SRI.N.N.ELAYATH FOR R1 R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.2583 OF 2010 ---------------------------------------- Dated 31st August,, 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. 8191/2010, 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 of Rs.5000/- 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 CRL.R.P.No.2583/10 :-2-: (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 23.11.2006 in C.C.No.1126 of 2003 of the Judicial First Class Magistrate Court, Kothamangalam and the judgment dated 14.8.2007 in Crl.A.No.1019 of 2006 of the court of VI Addl.Sessions court, Ernakulam 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/- CRL.R.P.No.2583/10 :-2-: