Accused in ST.No.386/2009 on the file of Chief judicial Magistrate Court, Palakkad, is the revision petitioner herein. 2. The case was taken on file on the basis of a private complaint filed by the complainant the second respondent herein against the revision petitioner under section 138 of the Negotiable Instruments Act (hereinafter called the Act) After trial, the learned Magistrate found the revision petitioner guilty under section 138 of the Act and convicted him thereunder and sentenced him to undergo simple imprisonment for four months and also to pay compensation of Rs.1,50,000/- in default to undergo simple imprisonment for seven days under section 357 (3) of the Code of Criminal Procedure (herein after called the Code). Aggrieved by the same, the revision petitioner filed Crl.Appeal No.437/2010 before the Sessions Court, Palakkad which was made over to Additional Sessions Court, (Fast Track- II), Palakkad for disposal by the Sessions Judge and the learned Additional Sessions Judge by the impugned judgment dismissed the appeal confirming the order of conviction and sentence passed by the learned Magistrate. Aggrieved by the same, the present revision petition was filed by the revision petitioner-
accused before the court below.
3. After disposal of the appeal and during the pendency of the revision the original complainant died and his legal representatives were impleaded as additional respondents 3 to 6 as per order in Crl.M.A.No.420/2014 The matter has been settled between the parties and they filed Crl.M.A.No.421/2014 for record compounding under section 147 of Negotiable Instruments Act read with 320 (8) of the Code of Criminal Procedure and that petition was allowed by this court on payment of cost of Rs.5000/- as per order dated 30.10.2014 and the cost was paid as directed. So the application was allowed and permission to compound has been granted and compounding was recorded. Once the compounding is recorded, then it will have the affect of deemed acquittal under section on 320(8) of the Code of Criminal Procedure and the revision petitioner is entitled to get that benefit.
So the revision petition is allowed and order of conviction and sentence passed by the Chief Judicial Magistrate in ST.No.386/2009 confirmed in Crl.Appeal No.437/2010 of Additional Sessions Court (Fast Track-II), Palakkad are set aside and the appellant is acquitted giving him the benefit of deemed acquittal under section 320(8) of the Code of Criminal Procedure.
The appellant is set at liberty and the bail bond if any executed by him will stand cancelled.
Office is directed to communicate this order to the concerned Court at the earliest.
Sd/-
K.RAMAKRISHNAN, JUDGE R.AV