IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Crl.Rev.Pet.No. 2621 of 2010() ------------------------------ CRA.219/2009 of ADDL.SESSIONS COURT (ADHOC-1), KOTTAYAM ST.687/2006 of J.M.F.C.III, KANJIRAPPALLY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- SUJATHA AIYAPPAN, W/O.AIYAPPAN, SUJATHA BHAVAN, ERUMELY P.O., ERUMELY. BY ADV. SRI.V.B.PREMACHANDRAN SRI.K.N.GOVINDANKUTTY MENON RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE ------------------------------------------------ 1. SUBASH KUMAR, S/O.VASUPILLAI, VALANPARAMBIL HOUSE, (HOTEL AYYAPPAN), ERUMELY P.O. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.S.MOHANDAS R2 BY P.P. SRI V. TEK CHAND FOR R2. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.2621 OF 2010 ---------------------------------------- Dated 3rd 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. 8315/2010, 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.4,500/- as per receipt No.094 dated 18.8.2010, as fixed by this Court, vide order dated 2.9.2010 in crl.M.A.No.7954/10, 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 CRL.R.P.NO.2621/10 -:2:- 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 24.4.2009 in S.T.No.687/2006 of the Judicial First Class Magistrate Court-III, Kanjirappally and the judgment dated 18.3.2010 in Crl.A.No.219 of 2009 of the court of Addl.Sessions court, Adhoc-1, Kottayam 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/-