IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 289 of 2006(A) ------------------------------ CRA.1116/2004 of V ADDL.SESSIONS COURT, ERNAKULAM CC.1486/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- THOMAS P. JOHN, PROPRIETOR, M/S. DIVYA ENTERPRISES, PLAMTHOPPIL, KOLLAKADAVU P.O., ALLEPPEY. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SREELEKHA PUTHALATH SRI.A.R.DILEEP RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S. HARRISONS MALAYALAM LIMITED, BRISHTWO ROAD, WILLINGTON ISLAND, KOCHI, REPRESENTED BY ITS BRANCH ACCOUNTANT. PUBLIC PROSECUTOR THOMAS JOHN AMBOOKEN ADVS. SRI.K.R.SUNIL FOR R2 SRI. P.R. SAJEEV THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P.NO. 289/2006 ORDER ON CRL.M.APPL.NO. 832/06 IN CRL.R.P.NO. 289/2006 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 19.12.2008 /TRUE COPY/ P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- CRL.R.P.No. 289 OF 2006 --------------------------------- Dated this the 19th day of December, 2008 O R D E R This Revision is preferred against the judgment in Criminal Appeal No. 1116/2004 of the Sessions Judge, Ernakulam. The said appeal was preferred against the conviction and sentence passed by the Judicial First Class Magistrate-I, Ernakulam in C.C. No. 1486/2000. The trial court found the accused guilty and directed him to undergo Simple Imprisonment for a period of one month and to pay Rs. 2,43,472/- as compensation under Section 357(3) of Criminal Procedure Code. The appellate court modified the sentence to imprisonment till the rising of the court and to pay compensation of Rs. 1,25,000/- and in default to undergo Simple Imprisonment for three months. By virtue of my order in Crl.M.Appl. No. 12633/08, the matter has been compounded and therefore it necessitates to set aside the conviction and sentence entered into by the courts below. Therefore the conviction and sentence passed by the courts below are set aside. Recording of a compromise will have the effect of an acquittal under Section 320 (8) of the Criminal Procedure Code. Crl.R.P.No. 289/2006 -2- Therefore the accused is acquitted and set at liberty. Since the matter is already compounded, the amount of Rs. 30,000/- deposited by the revision petitioner before the trial court shall be returned to him on appropriate application. The Crl. R.P. is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm