IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Crl.Rev.Pet.No. 855 of 2011() ----------------------------- CRA.495/2004 of ADDL. SESSIONS COURT (ADHOC)-II, PALAKKAD ST.444/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... REVN. PETITIONERS: ------------------------------ C.K.MOIDU, S/O. HAMZA CHANDAKUZHIYAN HOUSE, ATTASSIRI, KARIMPUZHA, OTTAPALAM. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN RESPONDENTS: --------------------- 1. AVARA HAJI, S/O. KUNJAHAMMED HAJI, KATTUKANDAN, KULUKILIYILAD, OTTAPPALAM, OTTALLAPAL 679 101. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUOTR, HIGH COURT OF KERALA, ERNAKULAM 682 035. ADV. SRI.M.PREMKUMAR FOR R1 R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.855 of 2011 ---------------------------------------- Dated 28th day of March , 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. 2789/2011, 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 Cr.P.C. 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 14.9.2004 in S.T..No.444 of 2000 of the Judicial First Class Magistrate Court, Mannarkkad and the judgment dated 31.10.2008 in Crl.A.No.495/2004 of the crrp 855/11 2 Addl.Sessions Judge, Fast Track Court No.II, Palakkad and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. V.K.MOHANAN, JUDGE kvm/-