IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.Rev.Pet.No. 682 of 2010() ----------------------------- REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- K.C.RAJAN, S/O.CHERIYAN, KODUMKULLAM HOUSE, OTTUPARA DESOM, KUMARANELLUR VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. VARUNNY, S/O.PAUL, VADAKKATH HOUSE, MANGALAM DESOM, WADAKKANCHERY VILLAGE, TALAPPILLY TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.THIYYANNOOR RAMAKRISHNAN FOR R1 BY ADV.SMT.M.K.PUSHPALATHA FOR R2. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No. 682 of 2010 ---------------------------------------- Dated this the 21st day of May, 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 above offence. 2. Today by a separate order, in Crl.M.A.No.4708/2010, this court allowed the parties to compound the offence and accordingly, the composition of the said offence is recorded. 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 13.7.2005 in C.C.No.729 of 2008 of the Judicial First Class Magistrate Court, Crl.R.P.No.682 of 2010 -:2:- Wadakkanchery and the judgment dated 22.1.2010 in Crl.A.No. 649 of 2005 of the court of Additional and District Sessions Judge, and acquitting the revision petitioner of all the charges levelled against him in the above case. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE MBS/ Crl.R.P.No.682 of 2010 -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..