IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Crl.Rev.Pet.No. 2609 of 2010() ------------------------------------ CRA.37/2009 of ADDL. SESSIONS COURT, (ADHOC), PALAKKAD ST.1856/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ----------------------------------------------------- N.VALSAKUMAR, S/O.NARAYANPILLA, AGED 49 YEARS, KALLEPPULLI MILMA, PUTHUR AMSOM, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): COMPLAINANT AND STATE ---------------------------------------------------- 1. PAZHANAN, S/O.MUTHU, MILMA DAIRY, KALLEPPULLY, PALAKKAD-32, PIN-678 014. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 ADV. SMT.A.PREMAKUMARI THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No.2609 of 2010 ---------------------------------------- Dated this the 8th day of November, 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.10404 of 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 stipulated in the decision of the Apex Court 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 2 Crl.R.P.No.2609 of 2010 setting aside the judgment dated 11.12.2008 in S.T.No.1856/08 of the Judicial First Class Magistrate Court - III, Palakkad, and the judgment dated 28.5.2010 in Crl.A.No.37/09 of the court of Addl. Sessions Judge (Ad hoc-I), Palakkad, 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. ami/