IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.Rev.Pet.No. 1550 of 2010() ------------------------------ CRA.557/2008 of ADDL. SESSIONS COURT-1, , PALAKKAD ST.4414/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- SANJESH, DURGAKALAM, VARANI, KADUKKAMKUNNAM, MALAPUZHA, PALAKKAD. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SURESH, S/O. NARAYANAN, KALLANPUZHA, AANAKKALLU, PALAKKAD. 2. STATE OF KRALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.BIJUMON JACOB FOR R1 P.P. SMIT PUSHPALATH M.K. FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. No. 1550 of 2010 ---------------------------------------- Dated 18th 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.4689/2010, 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 16.8.2008 in S.T.No.4414/2006 of the Judicial First Class Magistrate Crl.R.P. No.1550/10 -:2:- Court III, Palakkad and the judgment dated 16.1.2010 in Crl.A.No.557/2008 of the court of Sessions, Palakkad Division 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 kvm/- Crl.R.P. No.1550/10 -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..