IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Crl.Rev.Pet.No. 3710 of 2007() ------------------------------------ CRA.102/2002 of ADDL. SESSIONS COURT, ADHOC-II, THALASSERY CC.524/1998 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER: --------------- JOJO JOSEPH, PAMPACKAL HOUSE, AYYANKUNNU AMSOM, DESOM, ANGADIKKADAVU P.O. BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE ADVS. SRI.THOMAS GEORGE SRI.JIJI THOMAS PAMBACKAL RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.V. RIJOY, S/O. VARKEY, POOTHOTTAL HOUSE, KARIKOTTAKARI P.O.,KOOMANTHODE. R1 BY PUBLIC PROSECUTOR SMT.REKHA C. NAYAR R2 BY ADV. SRI.MATHEW K. SIMON THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No. 3710 OF 2007 ---------------------------------------- Dated 3rd Day of February, 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. 843/2011, 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 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 25.1.2002 in C.C.No.524 of 2008 of the Judicial First Class Magistrate Court, Mattannur and the judgment dated 9.4.2007 in Crl.A.No.102 of 2002 of the court of Addl. SessionsJudge, Adhoc-II, Thalassery, 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/- Case No.”C.C.No.524 of 2008” occurring in line 3 of paragraph 3 of the final order dated 3.2.2011 in Crl.R.P. N0 3710/2007 is corrected and substituted as “C.C.No.524/1998” as per order dated 10.10.2011 in Crl.M.A. 8599/11 in Crl. R.P.3710/2007. Sd/- Registrar (Judicial)