IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 Crl.Rev.Pet.No. 3053 of 2010() ------------------------------ CRA.170/1997 of ADDL. SESSIONS COURT (ADHOC I), THALASSERY CC.615/1995 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: ----------------------------------------------------------------------------- MANUKKARA PRASANNA KUMAR, AGED 50 YEARS, S/O. LATE BALAKRISHNAN, SUMITHRA JEWELLERY WORKS, NEAR BINDU TALKIES, P.O.PAPPINISSERI, KANNUR, NOW RESIDING AT MANUKKARA HOUSE, PAMBALA, P.O.PAPPINISSERI, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------------------------------------- 1. K.MUKUNDAN, AGED 58 YEARS, S/O. GOVINDAN, KUNNUMBRAVAN HOUSE, P.O.VENKULATHVAYAL, MOONU NIRATHU, AZHIKODE, PIN-670 009, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.A.K.GOPALAN R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ---------------------------------------- Crl.R.P No.3053 of 2010 ---------------------------------------- Dated the 14th day of October , 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 as per the order in Cr.M.A.No.9702/10, this Court permitted the parties to compound the offence and accordingly, the compounding of the offence is recorded. In the light of the amicable settlement of the dispute between the parties, and this court permitted the composition of the offence, the revision petitioner is entitled to get an acquittal of the offence for which he is charged and convicted by virtue of Section 320(8) Cr.P.C. 3. In the result, this Crl.R.P. is allowed setting aside the judgment dated 16.5.1997 in C.C.No.615/1995 of the court of the Judicial First Class Magistrate-II, Kannur and the judgment dated 23.7.2003 in Crl.A.No.170/1997 of the Court of the Addl.Sessions Judge (Adhoc-1), Thalassery and acquitting the CRL.R.P. NO.3053/10 2 revision petitioner/accused of all the charges levelled against him and, accordingly, he is set at liberty. 5. The learned counsel for the revision petitioner submitted that in pursuance of the judgments of the courts below, the revision petitioner was arrested on 8.10.2010 and now he is undergoing imprisonment in the central Prison, Kannur and he may be ordered to be released in the light of the acquittal recorded by this Court. In the light of the order passed by this court acquitting the revision petitioner/accused, he is entitled to get released from jail forthwith in case he is not required in any other case. Therefore, the Registry is directed to forward the gist of this order to the Superintendent, Central Prison, Kannur for further action. This Crl.R.P. is allowed accordingly. V.K.MOHANAN, JUDGE. kvm/- CRL.R.P. NO.3053/10 3 kvm/-