IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3281 of 2010()
1. ANANDAN
... Petitioner
Vs
1. P.J.HARIDAS,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent :SRI.GEORGE SEBASTIAN
The Hon'ble MR. Justice V.K.MOHANAN
Dated :12/11/2010
O R D E R
V.K.MOHANAN, J.
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Crl.R.P.No.3281 of 2010
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Dated this the 12th 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.10522/
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 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.
2
Crl.R.P.No.3281 of 2010
In the result, this Crl.Revision petition is allowed
setting aside the judgment dated 15.2.2007 in C.C.No.824
of 2003 of the Judicial First Class Magistrate Court-II,
(Mobile), Kottayam and the judgment dated 30.7.2009 in
Crl.A.No.282 of 2007 of the court of Session, Kottayam
Division 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/