IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Crl.Rev.Pet.No. 1399 of 2008() ------------------------------------------ CRA.170/2005 of IST ADDL. SESSIONS COURT, KOLLAM CC.40/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- SUNDARAN B., CHAITANYA, VALLAM MURI, KOTTARAKKARA. BY ADV. SRI.SAJU.S.A RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------------------------------- 1. KRISHNANKUTTY R., LALITH BHAVAN, VALLAM, KOTTARAKKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.B.MOHANLAL R2 BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.K.MOHANAN,J. ---------------------------------------------------------- Crl.R.P.No. 1399 of 2008 --------------------------------------------------------- Dated this the 28th day of February,2011 O R D E R 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. During the pendency of the Crl.R.P., the matter was referred to Lok Adalath, High Court of Kerala and by orders dated 3.3.2010 and 30.11.2010 of the Lak Adalath, the matter was settled and based upon which, the contesting parties have filed a compounding petition on 04.02.2011, which is allowed by this Court today by a separate order. In the light of the composition of the offence between the parties, I am of the view that the revision petitioner/accused is entitled to get an acquittal by virtue of Section 320(8) of Cr.P.C. In the result, this Criminal Revision Petition is allowed setting aside the judgment of the Judicial First Class Magistrate Crl.R.PNO.1399 of 2008 :-2-: Court-I, Kottarakkara dated 26.2.2005 in C.C.No.40 of 2003 and the judgment of the Ist Additional Sessions Judge, Kollam dated 6.2.2008 in Crl.A.No.170 of 2005 and acquitting the revision petitioner of all the charges levelled against him and he is set at liberty. V.K.MOHANAN, Judge. MBS/ Crl.R.PNO.1399 of 2008 :-3-: V.K.MOHANAN, J. ---------------------------------------- Crl. M.P.No. 1709 of 2011 in Crl.R.P.No. 1399 of 2008 ---------------------------------------- Dated this the 28th day of Feburary, 2010. ORDER The petitioner herein is the petitioner in the accompanying revision petition. He is the accused in a prosecution for the offence punishable under Section 138 of the N.I.Act which was instituted by the first respondent, who is the complainant. During the pendency of the above revision petition, the matter was referred to the Adalath conducted by the Kerala High Court and the matter was settled therein as per the orders dated 3.3.2010 and 30.11.2010. On the basis of the settlement in the Lok Adalath, the contesting parties preferred this petition to compound the offence. In the light of the composition of the offence between the contesting parties, in pursuance of the settlement arrived in the High Court Lok Adalath, this petition is allowed and the composition of the offence under Section 138 of the N.I.Act is recorded. V.K.MOHANAN, JUDGE MBS/ Crl.R.PNO.1399 of 2008 :-4-: