IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.Rev.Pet.No. 2776 of 2010(B) -------------------------------------------- [CRL.A.NO.87/2008 OF IIIRD ADDL. DISTRICT & SESSIONS COURT (ADHOC-I), THODUPUZHA, ST.NO.95/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THODUPUZHA] .................... REVISION PETITIONER/APPELLANT BEFORE THE SESSIONS COURT AND ACCUSED IN S.T. NO. 95/2007: --------------------------------------------------------------------------------------------------- JOHNY THOMAS, S/O.THOMAS, V 396 B ,PRANAMKAYATH HOUSE, MOOLAMATTAM, IDUKKI. BY ADVS. SRI.PRAVEEN K. JOY, SRI.ADEEP ANWAR. RESPONDENTS: ------------------------ 1. V.S.AZIZ ,VELLOOPARAMBIL HOUSE KARIKODU KARA, KARIKODU VILLAGE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.ARJUN S.RAJ, R2 BY PUBLIC PROSECUTOR SMT. SUMANGALA.P.N. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No. 2776 OF 2010 ---------------------------------------- Dated 22nd Day of September, 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. 8810/2010, 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 of Rs.3500/- as per receipt No.113 dated 20.9.2010 in the Kerala State Legal Services Authority 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 Crl.R.P..2776/10 -:2:- 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 26.2.2008 in S.T.No.95/2007of the Judicial First Class Magistrate Court- II, Thodupuzha and the judgment dated 6.8.2009 in Crl.A.No.87 of 2008 of the court of 3rd Addl.Sessions Judge,(Adhoc-1), Thodupuzha, 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..2776/10 -:3:-