IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.Rev.Pet.No. 2723 of 2010() --------------------------- CRA.292/2002 OF ADDL. DISTRICT AND SESSIONS COURT (ADHOC-III), KOLLAM CC.701/1998 OF JUDL. FIRST CLASS MAGISTRATE COURT, PARAVOOR ................. REVISION PETITIONER / APPELLANT / ACCUSED : --------------------------------------------------------------------- ANILKUMAR, AGED 38 YEARS, S/O. CHANDRABOSE, GANGA NIVAS, KOONAYIL, NEDUNGOLAM, PARAVUR. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT / RESPONDENT / COMPLAINANT : -------------------------------------------------------------------- 1. SUJA J.S., W/O. ASOKA KUMARAN PILLAI, PALLVILA VEEDU, NEDUNGOLAM, PARAVUR, KOLLAM. 2. STATE OF KRALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI. S. ABHILASH R2 BY PUBLIC PROSECUTOR SRI. V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.2723 OF 2010 ---------------------------------------- Dated 15th September, 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. 8634/2010, 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 of Rs.11,250/-, while condoning the delay in filing the Revision Petition, as per Annexure A1 receipt No.104 dated 2.9.2010 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, CRL.R.P.2723/10 :-2-: 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 19.10.2002 in C.C.No.701/1998 of the Judicial First Class Magistrate Court, Paravoor and the judgment dated 31.3.2006 in Crl.A.No.292 of 2002 of the court of Addl. Dist. & Sessions court, Adhoc-II1, Kollam 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/- CRL.R.P.2723/10 :-3-: