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. 3948 of 2006() ------------------------------ CRA.71/2002 of ADDL. DIST & SESSIONS JUDGE, (ADHOC-III), KOLLAM. CC.374/1997 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- K.M. RAJU, PROPRIETOR, KURUMPALLI HOUSE, PATTATHANAM, KOLLAM. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENTS: RESPONDENTS/COMPLAINANT: ---------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. M/S. GOOD WILL INDUSTRIAL VENTURE, SRI.K.CHANDRASEKHARAN NAIR, KALPAKAM, KUREEPUZHA, KAVANAD P.O., KOLLAM. R1 BY PUBLIC PROSECUTOR SMT. REKHA C. NAYAR. SMT.M.J.RAJASREE FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.3948 OF 2006 ---------------------------------------- Dated 18th 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. 2543/2011, 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 crrp 3948/06 2 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 15.4.2002 in C.C.No.374/97 of the Judicial First Class Magistrate Court-II, Kollam and the judgment dated 31.5.2006 in Crl.A.No.71/2002 of the Addl.Sessions Judge (Adhoc- III), Kollam 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 3948/06 3