Accused in C.C.No.316/2005 on the file of the Judicial First Class Magistrate Court-II, Chengannur, is the revision petitioner herein. 2. The case was taken on file on the basis of a private complaint filed by the first respondent as complainant, against the revision petitioner under Section 138 of the Negotiable Instruments Act. The learned magistrate, after trial convicted the revision petitioner for the offence under Section 138 of the Act and sentenced him to undergo simple imprisonment for one month and also to pay a compensation of ₹50,000/- to the complainant, in default to undergo simple imprisonment for three months under Section 357(3) of the Code of Criminal Procedure. Though the revision petitioner filed Crl.Appeal No.64/2007 before the Sessions Court, Alappuzha, which was made over to the Additional Sessions Court-I, Mavelikkare, for disposal the same was dismissed by the learned Additional Sessions Judge, against which the above revision has been filed by the revision petitioner/ accused before the court below.
3. After disposal of the appeal, the matter has been settled between the parties and they filed Crl.M.A.No.5862/2014 to record compounding and the same was allowed as per Order dated 20.10.2014, on payment of cost following the decisions reported in Damodar S. Prabhu v. Sayed Babalal H. [JT 2010 (4) (S.C.)457] and Madhya Pradesh State Legal Service Authority v. Prateek Jain and Another [2014(4) KHC 115 (S.C.)], the cost has been paid and so the application was allowed and the compounding was recorded. Once a compounding is recorded, it will have to effect deemed acquittal under Section 320(8) of the Code of Criminal Procedure and that benefit must be given to the revision petitioner. So the revision petition is allowed and the order of conviction and sentence passed by the court below, against the revision petitioner under Section 138 of the Act are set aside and the appellant is acquitted of the charge levelled against him giving the benefit of deemed acquittal under Section 320(8) of the Code of Criminal Procedure. He is set at liberty and the bail bond executed by him will stand cancelled.
Office is directed to communicate this order to the concerned court, immediately.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss