IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Crl.Rev.Pet.No. 2882 of 2010() --------------------------------------- CRA.757/2008 of ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM CC.1245/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------- K.E.SEBASTIAN, AGED 49, KAKKUCHIRAPUTHENPURAYIL, M.M.C.H.NO.XIVIP 274, PANDARIMALA, MUVATTUPUZHA. BY ADV. SRI.N.N.ELAYATH RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------ 1. LEKSHMI FINANCE, VELLOORKUNNAM, MARKET PO, MUVATTUPUZHA, REPRESENTED BY ITS MANAGING PARTNER, N.RAVEENDRAN NAIR, PRAJEETHA BHAVAN, VELLOORKUNNAM, MERKET P.O. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.V.ELIAS R2 BY PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No. 2882 of 2010 ---------------------------------------- Dated the Ist Day of October, 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 said offence. 2. Today by a separate order, in Crl.M.A.No. 9183/2010, 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 CRL.R.P 2882/10 -:2:- 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 30.8.2008 in C.C.No.1245 of 2004 of the Judicial First Class Magistrate Court, Muvattupuzha and the judgment dated 6.2.2010 in Crl.A.No.757 of 2008 of the court of Addl.Session Judge,(Adhoc-1), Ernakulam and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.R.P 2882/10 -:3:- V.K.MOHANAN, JUDGE kvm/- V.K.MOHANAN, J. CRL.R.P 2882/10 -:4:- O.P.No. JUDGMENT Dated:.. V.K.MOHANAN, JUDGE kvm/-