The accused in C.C.No.158/2005 on the file of the Judicial First Class Magistrate Court, Kothamangalam is the revision petitioner herein. The revision petitioner was arrayed as accused alleging offence under Section 138 of the Negotiable Instruments Act. After trial, the revision petitioner was found guilty, convicted and sentenced by the trial court. Though Crl.A.No.1/2007 has been filed, that also was dismissed by the First Additional Sessions Court, Ernakulam, against which the present revision has been filed. 2. After the dismissal of the appeal and before filing of the revision, the matter has been settled between the parties and they filed Crl.M.A.No.6152/2014 for recording compounding and that petition was allowed on payment of cost relying on the decisions reported in Damodar S. Prabhu v. Sayed Babalal H. (JT 2010 (4) SC 457) and Madhya Predesh State Legal Service Authority v. Prateek Jain & another (2014 (4) KHC 115 SC) and it was posted to today for compliance of the order of payment of cost and cost has been paid and the petition has been allowed and compounding was recorded. Once compounding is recorded, it will have the effect of deemed acquittal under section 320(8) of the Code of Criminal Procedure and that benefit must be given to the revision petitioner.
3. So the revision is allowed. The order of conviction and sentence passed by the court below in C.C.No.158/2005 on the file of Judicial First Class Magistrate Court, Kothamangalam as confirmed in Crl.A.No.1/2007 on the file of First Additional Sessions Court, Ernakulam are set aside and the revision petitioner is acquitted of the charge levelled against her giving her the benefit of deemed acquittal under section 320(8) of the Code on account of recording of composition. The revision petitioner is set at liberty. The bail bond executed by her stands cancelled.
Office is directed to communicate this order to the concerned court immediately.
cl /true copy/ Sd/-
K. RAMAKRISHNAN, JUDGE.
P.S to Judge