The accused in C.C. No.184/2003 on the files of Chief Judicial Magistrate Court, Kottayam, is the revision petitioner herein.
2. The case was taken on file on the basis of a private complaint filed by the 1st respondent against the revision petitioner alleging commission of offence under section 138 of Negotiable Instruments Act. After trial, the trial Court found the revision petitioner guilty of the offence under section 138 of the Negotiable Instruments Act and convicted and sentenced him. Dissatisfied with the judgment, he filed Criminal Appeal No.217/2004 before the Sessions Court, Kottayam, and the Sessions Court allowed the appeal confirming the order of conviction, but modified the sentence. Dissatisfied with the same, the present revision has been filed by the revision petitioner, who is the accused before the Court below.
3. After the disposal of the appeal and before filing the revision, the matter has been settled between the parties and the revision was filed with delay condonation application and the delay was condoned. Since the matter has been settled between the parties, the revision is admitted. The parties filed Crl.M.A. No.6777/2014 to record compounding and that was allowed on cost, relying on the decision reported in Damodar S.Prabhu v. Sayed Babalal H. [JT 2010(4) SC 457] and Madhya Pradesh State Legal Services Authority v. Prateek Jain and another [2014(4) KHC 115 (SC)] and compounding was recorded today. Once compounding is recorded, then it will have the effect of deemed acquittal under section 320(8) of the Code of Criminal Procedure. That benefit should be given to the revision petitioner.
4. So, the revision is allowed and the Order of conviction and sentence passed by the court below and modified by the appellate court in C.C. No.184/2003 of Chief Judicial Magistrate Court, Kottayam, and Criminal Appeal No.217/2004 of Sessions Court, Kottayam, are set aside and the appellant is acquitted of the charge levelled against him, giving him the benefit of deemed acquittal under section 320(8) of Code of Criminal Procedure, in view of the recording of the composition filed before this Court. He is set at liberty. 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 jjj