Accused in S.T.No.2213/2007 on the file of the Judicial First Class Magistrate Court, No-III, Palakkad is the revision petitioner herein.
2. The case was taken on file on the basis of a private complaint filed by the complainant under Section 138 of the Negotiable Instruments Act.
3. After trial, the revision petitioner was found guilty and convicted and sentenced. Though appeal was filed as Crl.Appeal No.35/2009 before the Sessions Court, Palakkad which was made over to Additional Sessions Court, Adhoc-I, Palakkad, the learned Additional Sessions Judge, by the impugned judgment, dismissed the appeal confirming the order of conviction and sentence passed by the court below.
4. After the disposal of the appeal and before filing the revision, the matter has been settled between the parties and they filed Crl.M.A.No.7974/2014 before this court and this court relying on the decision reported in Damodar S. Prabhu Vs. Sayed Babalal H. [JT 2010 (4) SC 457] and Madhya Pradesh State Legal Services Authority Vs. Prateek Jain Crl.R.P.No.2129 of 2014 : 2 :
and Another [2014 (4) KHC 115 (SC) allowed the application on payment of cost and the cost has been paid and the petition has been allowed today and compounding is recorded.
5. Once the compounding is recorded, it will have the effect of deemed acquittal under Section 320(8) of Code of Criminal Procedure and that benefit must be given to the revision petitioner. So, the revision is allowed and the order of conviction and sentence passed by the Judicial First Class Magistrate Court, No-III, Palakkad in S.T.No.2213/2007 and confirmed in Crl.Appeal No.35/2009 of Additional Sessions Court, Adhoc No-I, Palakkad are set aside and the revision petitioner is acquitted of the charge levelled against him giving him the benefit of deemed acquittal under Section 320(8) of Code of Criminal Procedure on account of recording composition entered into between the parties. The revision petitioner is set at liberty. The bail bond if any executed by him will stand cancelled.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge