IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Crl.Rev.Pet.No. 714 of 2011() ----------------------------- CRA.391/2004 of ADDL. SESSIONS COURT (ADHOC), KOLLAM CC.959/2002 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... REVN. PETITIONERS: ---------------------------- JAYACHANDRAN S. AGED 38 YEARS, KARICHALIL VADAKKETHIL, PALLICKL P.O., KOTTTARAKARA, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------------- 1. SUKUMARAN, SURESH BHAVAN, CHALOOKKONAM, NILESWARAM, NADUVATHOOR, KOTTARAKARA. 2. STATE OF KERALA REPRESNTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.A.R.ARSHAD KHAN FOR R1 R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.714 OF 2011 ---------------------------------------- Dated 8th Day of March , 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. 2281/2011, 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 CRRP 714/11 -2- Cr.P.C. 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 1.11.2004 in C.C.No.959 of 2002 of the Judicial First Class Magistrate Court-I, Kottarakara and the judgment dated 16.9.2010 in Crl.A.No.391/2004 of the addl.District & Sessions Judge, (Adhoc) I, Kollam, and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. 3. The learned counsel for the revision petitioner submitted that the revision petitioner is arrested and now he is in the Sub Jail, Kottarakara, and he may be ordered to be released in the light of the acquittal recorded by this Court. In the light of the order passed by this Court acquitting the revision petitioner/accused, he is entitled to get released from jail forthwith in case he is not required in any other case. Therefore, the Registry is directed to CRRP 714/11 -3- forward the gist of this order to the Superintendent, Sub Jail, Kottarakara, for further action. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE kvm/- .