Accused in C.C.No.387/2001 on the file of the Judicial First Class Magistrate Court, Ramankary is the revision petitioner herein.
2. The case was taken on file on the basis of a private complaint filed by the original second respondent alleging commission of the offence under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').
3. After trial, the revision petitioner was found guilty and convicted and sentenced for the said offence. The revision petitioner filed Crl.Appeal No.89/2004 before the Sessions Cour, Alappuzha which was made over to Additional Sessions Court, Fast Track No-I, Alappuzha for disposal and the learned Additional Sessions Judge dismissed the appeal against which the present revision has been filed.
4. During the pendency of the revision, the original complainant – second respondent was died and his legal representatives were impleaded. The matter has been settled between the parties and they filed Crl.M.A.No.7995/2014 to Crl.R.P.No.3787 of 2006 : 2 :
record compounding and relying on the decisions reported in Damodar S. Prabhu Vs. Sayed Babalal H. [JT 2010 (4) SC 457] and Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and Another [2014 (4) KHC 115 (SC), this court allowed the application on payment of cost and today they have paid the cost and the application was allowed and compounding was recorded. 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 order of conviction and sentence passed in C.C.No.387/2001 of Judicial First Class Magistrate Court, Ramankary as confirmed in Crl.Appeal No.89/2004 of Additional Sessions Court, Fast Track No-I, Alappuzha 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 of composition entered into between the parties. The revision petitioner is set at liberty. The bail bond executed by him will stand cancelled.
Office is directed to communicate this order to the Crl.R.P.No.3787 of 2006 : 3 :
concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge