IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.Rev.Pet.No. 347 of 2005(C) ------------------------------------------- (CRL.APPEAL NO. 66/2002 OF ADDL. SESSIONS COURT, PATHANAMTHITTA) .......... REVISION PETITIONER/ APPELLANT/ ACCUSED: --------------------------------------------------------------------- SANTHOSH MATHEW, S/O.T.N.MATHEW, THRAYILETH HOUSE, PERINJOTTACKAL P.O.,KONNI. BY ADV. SRI.PHILIP T.VARGHESE. RESPONDENTS/ RESPODNDENTS/ COMPLAINANT: ------------------------------------------------------------------------- 1. KUNJUMOL BABY, TONY BHAVAN,MALLASSERY, PRAMADAM VILLAGE, PATHNAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. THOMAS JOHN AMBOOKEN, R1 BY ADV. SRI.V.PHILIP MATHEW. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRIMINAL.R.P. NO. 347 OF 2005 = = = = = = = = = = = = = = = Dated this the 17th day of November, 2008. O R D E R This revision is preferred against the judgment of the Additional Sessions Judge, Pathanamthitta in Crl.A.66/02. That appeal was preferred against the conviction and sentence passed in C.C.308/99 by the Judicial First Class Magistrate-II, Pathanamthitta whereby the revision petitioner was sentenced to undergo simple imprisonment for a period of six months and to pay a compensation of Rs.4,00,000/- u/s 357 Cr.P.C. In appeal the imprisonment was reduced to a period of three months and the direction was to pay a compensation of Rs.4,0,000/- u/s 357(3). Now the parties have settled the matter and compounded the offence u/s 147 of the N.I. Act. It is recorded. In the light of the said compounding it has to be stated that the conviction and sentence passed by the Court may have to be set aside and that is the purport of S.320(8) of the Cr.P.C. When a matter is compounded the compounding of an offence under the Cr.R.P. 347 OF 2005 -:2:- Section shall have the effect of acquittal of the accused with whom the offence has been compounded. Therefore in the light of the provisions u/s 320(8) Cr.P.C. the conviction and sentence passed by the trial court and affirmed by the appellate court is set aside and it is declared that the compounding of the offence shall have the effect of an acquittal of the accused u/s 138 of the N.I. Act. M.N. KRISHNAN, JUDGE. ul/-