IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.Rev.Pet.No. 3107 of 2010() ------------------------------------------ CRA. NO.325/2007 OF ADDL. SESSIONS COURT (ADHOC -I), KOTTAYAM. C.C. NO.1327/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II KOTTAYAM. REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- CYRIAC, SINGLE WINDOW, M.G.UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------------------------------- 1. JOSEPH P.GEORGE, PULLATHIL HOUSE, PERUMBAIKAD P.O., ADICHIRA, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.RUBY K.JOSE R2 BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No.3107 of 2010 ---------------------------------------- Dated this the 21st day of 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.9823 of 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 stipulated in the decision of the Apex Court 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 2 Crl.R.P.No.3107 of 2010 setting aside the judgment dated 30.4.2007 in C.C.No.1327/04 of the Judicial First Class Magistrate Court- III, Kottayam, and the judgment dated 29.10.2007 in Crl.A.No.355/07 of the court of Sessions, Kottayam Division 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. ami/