IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Crl.Rev.Pet.No. 1018 of 2011() ------------------------------ CRA.395/2007 of ADDL.SESSIONS JUDGE, ADHOC-II), ERNAKULAM. CC.1381/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONERS: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- SUNNY MARKS, PROPRIETOR AND CHIEF EXECUTIVE, M/S.FREEZE INDIA CORPORATION, NORTH OF COLLEGE GROUND, KOCHI-11. BY ADV. SRI.P.J.JOSEPH PANIKKASSERY RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. RADHAMANI AMMA, SOUPARNIKA HOUSE, PATTATHU ROAD, VENNALA P.O. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. M/S. ANUP R & SMT. BABITHA THAMPI. R2 BY P.P. SMT. REKHA C NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.1018 OF 2011 ---------------------------------------- Dated 11th Day of april, 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. 3368/2011, 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 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 CRRP 1018/11 2 Cr.P.C. 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 4.5.2007 in C.C.No.1381 of 2002 of the Addl. Chief Judicial Magistrate Court, Ernakulam and the judgment dated 21.12.2007 in Crl.A.No. 395/2007 of the Addl. Sessions Judge, (Adhoc-II), Ernakulam and acquitting the revision petitioner of all the charges levelled against him in the above cases and he is set at liberty. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE kvm/- CRRP 1018/11 3