IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.Rev.Pet.No. 2008 of 2010() ------------------------------ CRA.279/2004 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY CC.10/2004 of JUDL.MAGISTRATE OF FIRST CLASS-III(MOBILE), KANNUR .................... PETITIONER(S): APPELLANT:ACCUSED: ------------------------------------------------------------ JAMES KURIAN, S/O.KURIAN,AGED 39, MUNHANATTU HOUSE, PACHANI, THIMIRI P.O., THIMIRI AMSOM, TALIPARAMBA TALUK,KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): RESPONDENTS:COMPLAINANT & STATE: -------------------------------------------------------------------------------------- 1. M.M.ROY,S/O.MICHAEL,MANHAKUNNEL HOUSE, OTTATHAI, ALAKODE P.O.,KANNUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.V.T. MADHAVANUNNI R2 BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. No. 2008 of 2010 ---------------------------------------- Dated the 12th Day of July 2010 O R D E R 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 and in this revision petition he challenged the above conviction and sentence. 2. Today by a separate order in Crl.M.A.No.6373/10, this court allowed the parties to compound the offence and accordingly, the composition of the said offence is recorded. 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 revision petition is allowed setting aside the judgment dated 10.3.2004 in C.C.No.10/2004 of the Judicial First Class Magistrate Court-III, Kannur and the judgment dated 7.4.2009 in Crl.A. No.279/2004 of the CRRP 2008/10 -:2:- Addl.Sessions Court,(Adhoc-III), Thalassery, and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. This Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/-