IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.Rev.Pet.No. 2414 of 2003(C) ------------------------------- CRA.169/1999 of I ADDL. SESSIONS COURT, KOLLAM CC.244/1999 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... REVN. PETITIONERS: --------------------- C. RAJENDRAN PILLAI, MANAKKADU PUTHEN VEEDU, NEDUMPACHAYIL, NEERAYIKKADU, AYOOR.. BY ADV. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENTS: --------------------- 1. VISWANATHAN PILLAI, JAYABHAVANIL, KURIODU MURI, CHADAYAMANGALAM. 2. STATE OF KERALA, REPRESTNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY SRI ALEXANDER GEORGE ADV. SRI.ALEXANDER GEORGE FOR R1 SRI.DILIP MOHAN FOR R1 R2 PUBLIC PROSECUTOR BY P.P. SMT. REKHA V. NAYAR. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.2414 OF 2003 ---------------------------------------- Dated 7th Day of April , 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. 2992/2011, 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 16.6.2003 in C.C.No.244 of crrp 2414/03 -2- 1999 of the Judicial First Class Magistrate Court-II, Kottarakara, and the judgment dated 31.7.2003 in Crl.A.No.169/1999 of the I Addl.Sessions Judge, Kollam and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. V.K.MOHANAN, JUDGE kvm/- crrp 2414/03 -3- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..