IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.Rev.Pet.No. 1806 of 2010() ------------------------------ CRA.615/2005 of ADDL. SESSIONS COURT, FAST TRACK (ADHOC)-II, TRIVANDRUM CC.637/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- K.P.PADMAKUMARI,W/O.V.DAVADASAN, KOOTTUVILAKATHU VEEDU, KILIMUKKU, AZHOOR P.O., AZHOOR, CHIRAYINKIL, THIRUVANANTHAPURAM - 695305. BY ADV. SRI.B.RAGUNATHAN SRI.R.SRINATH SRI.M.M.LALBIND RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031. 2. SHRI BHUVANEENDRAN, S/O. SHRI VELUKUTTY KUZHIYATHUVILA VEEDU, AZHOOR DESOM, AZHOOR VILLAGE, CHIRAYINKIL, THIRUVANANTHAPURAM - 695305. ADV. SRI.G.S.MOHANDAS FOR R2 SRI.M.SALIM FOR R2 R1 BY P.P. SMT. PUSHPALATHA M.R. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. No.1806 of 2010 ---------------------------------------- Dated the 14th Day of June, 2010 ORDER The revision petitioner is the accused in a prosecution for the offence under section 138 of the Negotiable Instruments Act and she is challenging her conviction and sentence imposed against her by the Judicial First Class Magistrate Court-1, Attingal by its judgment dated 29.7.205 in C.C.No.637/2003 and the judgment dated 30.7.2007 in Crl.R.P.No.615/2005 of the court of Additional Sessions Judge, Fast Track (Adhoc) No.II, Thiruvananthapuram. 2. Today, by a separate order, in Crl.M.A.No.5511/2010, this Court permitted the contesting parties to compound the offence and the composition is already recorded. Along with the petition for compounding the offence, she has produced receipt No.054 dated 8.6.2010 issued from the Kerala State Legal Services Authority by which the said authority received a sum of Rs.8550/- being the 15 % of the total cheque amount in terms of the decision of the Apex Court in Damodar S.Prabhu v. Sayed Babalal H. (JT 1020(4) Crl.R.P.1806/10 -:2:- SC 457). As the parties have settled the dispute out of court and the composition of the offence is recorded as the revision petitioner/accused paid the amount in terms of the decision referred above, I am of the view that this Crl.Revision Petition can be allowed and by virtue of Section 320(8) of Cr.P.C. acquitting the revision petitioner/accused of all the charges. In the result, this Crl.R.P is allowed by setting aside the judgments of the courts below and acquitting the accused of all the charges levelled against her and she is set at liberty . V.K.MOHANAN, JUDGE kvm/- Crl.R.P.1806/10 -:3:- O.P.No. JUDGMENT Dated:..