IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.Rev.Pet.No. 3241 of 2010() ------------------------------ (CRA.269/2007 of III ADDL.SESSIONS COURT, KOLLAM ST.16/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KARUNAGAPPALLY .................... REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------------- C.R.CHANDRA MOHANAN, KUTTIYIL PUTHEN VEEDU, MUTHUPILAKADU, PORUVAZHI.P.O. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------------------------------------------------- 1. J.SOMACHANDRAN PILLAI, VAZHAPPALLIL HOUSE, KIDANGAYAM, KANNIMEL, MYNAGAPPALLY NORTH.P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SAKIR K.H. R2 BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No.3241 of 2010 ---------------------------------------- Dated this the 12th day of November, 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 have found that the accused is guilty u/s.138 of N.I.Act and accordingly he is convicted and sentenced for the said offence. 2. Today by a separate order, in Crl.M.A.No.10392/ 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 depositing cost as stipulated in the decision of the Apex Court 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 Cr.P.C. 3. In the result, this Crl.Revision petition is allowed 2 Crl.R.P.No.3241 of 2010 setting aside the judgment dated 18.4.2007 in S.T.No.16/06 of the Judicial First Class Magistrate Court-II, Karunagappally and the judgment dated 4.1.2008 in Crl.A.No.269/07 of the court of Sessions judge-Kollam, 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. ami/