IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Crl.Rev.Pet.No. 2591 of 2010() ------------------------------ CRA.36/2009 of ADDL. SESSIONS COURT, (ADHOC I), PALAKKAD ST.406/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ----------------------------------------------------------------------- N.VALSAKUMAR, S/O. NARAYANANPILLA, AGED 49 YEARS, KALLEPPULLI MILMA, PUTHUR AMSOM, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. A.GOPAKUMAR S/O. ARUMUGHAN, CHUPPAN HOUSE, KOPPAM, PALAKKAD-1. PIN-678 014. 2. STATE OF KERLA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.A.PREMAKUMARI R2 BY PUBLIC PROSECUTOR SRI. SABU SEEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN,J ---------------------------------------- Crl. R.P. No.2591 OF 2010 ---------------------------------------- Dated 13th October, 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. 9603/2010, 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, 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, CRRP 2591/10 -2- acquitting the accused in terms of Section 320(8) of Cr.P.C. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 12.12..2008 in S.T.C.No.406 of 2008 of the Judicial First Class Magistrate Court-1II, Palakkad, and the judgment dated 28.5..2010 in Crl.A.No.36 of 2009 of the court of Addl.Sessions Judge, (Ad hoc-1), Palakkad, 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/-