IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.Rev.Pet.No. 309 of 2011() ----------------------------- CRA.692/2008 of SPECIAL ADDL. COURT FOR TRIAL FOR MARADU CASES, KOZHIKODE . ST.689/2007 OF SPECIAL JFCM (MARAD CASES) , KOZHIKODE. .................... REVN. PETITIONERS: APPELLANT/ACCUSED ----------------------------- DINESH KUMAR, S/O.CHIRUKANDAN, M/S.NIPPON COATS, PLOT NO.50&53, KINFRA SMALL INDUSTRIES PARK, SEETHANGULI, KASARAGODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE --------------------- 1. M/S.HASCO POLYMERS PVT.LTD., REP.BY ITS MANAGING DIRECTOR, K.P.HASSAN KOYA, PARUMANNA, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SRINATH GIRISH FOR R1 R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No.309 OF 2011 ---------------------------------------- Dated 21st 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. 2643/2011, 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 crrp 309/11 2 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 15.7.2008 in C.C.No.689 of 2007 of the Judicial First Class Magistrate Court, and the judgment dated 22.10.2010 in Crl. A No.692/2008 of the Special Additional Sessions Judge, (Marad Cases), Kozhikode and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. The learned counsel for the petitioner submitted that as per the order of the appellate court at the time of suspending execution of the sentence, the petitioner has already deposited a sum of Rs.10,000/- in the trial court and the same may be directed to crrp 309/11 3 release in favour of the petitioner. As the matter has already settled out of court and a compounding petition has been filed before this Court and that the Ist respondent has no objection in releasing the said amount in favour of the petitioner, the trial court is directed to release the said amount to the petitioner if the same is retained there, in case an application is filed in this regard. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE kvm/- crrp 309/11 4