IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Crl.Rev.Pet.No. 2083 of 2009() ------------------------------ CRA.637/2008 of SESSIONS COURT, ERNAKULAM CC.179/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MUVATTUPUZHA .................... PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------ MOHAN KUMAR, AGED 45 YEARS, S/O. KUMARAN, KANJIMPURATHU, VAZHAKKULAM.P.O., VENGACHUVAD, MUVATTUPUZHA, ADDRES WRONGLY SHOWN IN THE COMPLAINT AND JUDGEMENT AS "C/O. TODDY SHOP NO.21/05-06, KUNNACKAL.P.O., PERUVAMMUZHI, MUVATTUPUZHA." BY ADV. SRI.THOMAS M.JACOB RESPONDENT(S): RESPONDENTS:COMPLAINANT: -------------------------------------------------------------------------- 1. K.N.SANTHOSH, KEEZHETH VEEDU, MUDAVOOR.P.O., MUVATTUPUZHA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, SESSIONS COURT, ERNAKULAM. R1 BY ADV.SRI.TIGINS GEORGE R2 BY PUBLIC PROSECUTOR SRI. VENUGOPAL M.R. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ------------------------------------ Crl. R.P.No.2083 of 2009 ------------------------------------ Dated this the 5th day of July, 2010. O R D E R 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.6241/10, 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 stipulated in the decision of the apex Court 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 revision petition is allowed CRRP 2083/09 -:2:- setting aside the judgment dated2.7.2008 in C.C.No.179/2008 of the Judicial First Class Magistrate Court-II, Muvattupuzaha and the judgment dated 16.2.2009 in Crl.A. No.637/2008 of the 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. As per one of the terms of the compounding petition, the revision petitioner is permitted and allowed to withdraw the sum of Rs.15,000/- deposited by him in the trial court vide order dated 1.7.2009 in Crl.M.A.No.6313/200. Therefore there will be a direction to the trial court to release a sum of Rs.15,000/- to the revision petitioner/accused, on his request in this regard. This Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRRP 2083/09 -:3:-