Accused in C.C.No.56/2006 on the file of the Judicial First Class Magistrate Court-II, Nadapuram, is the revision petitioner herein. 2. The case was taken on file on the basis of a private complaint filed by the 2nd respondent /complainant against the revision petitioner, alleging offence under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').
3. After trial, he was found guilty, convicted and sentenced by the trial court. Though an appeal has been filed as Crl.Appeal No.416/2006 before the Sessions Court, Kozhikode, which was made over to Additional Sessions Court, Vadakara, the learned Additional Sessions Judge allowed the appeal in part, confirming the order of conviction, but modified the sentence alone against which the present revision has been filed.
4. After disposal of the appeal, the matter has been settled between the parties and along with the revision petition, they filed Crl.M.A.No.7166/2014 for recording composition and that petition was allowed on payment of cost of ₹2,000/-, relying on the decision reported in (JT 2010(4) SC 457) Damodar S. Prabhu v. Sayed Babalal H. and (2014(4) KHC 115 SC) Madhya Pradesh State Legal Service Authority v. Prateek Jain & Another, and accordingly, the cost was paid and the petition was allowed and permission was granted to the parties to compound the case and the compounding was record. Once the compounding is recorded, it will have the effect of acquittal under Section 320(8) of the Code of Criminal Procedure. That benefit, it must be given to the revision petitioner.
So the revision is allowed, order of conviction and sentence passed by the court below against the revision petitioner under Section 138 of the Negotiable Instruments Act are hereby set aside and the revision petitioner 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 court below at the earliest.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss