The revision petitioner herein is the accused in C.C.No.172/2007 on the file of Judicial First Class Magistrate Court, Kunnamangalam.
2. The case was taken on file on the basis of a private complaint filed by the first respondent herein alleging offence under Section 420 of Indian Penal Code. After trial, the revision petitioner was found guilty and convicted and sentenced for the offence under Section 420 of Indian Penal Code. Though he filed Crl.Appeal No.518/2008 before the Sessions Court, Kozhikode which was made over to Additional Sessions Court, No-II for disposal, the learned Additional Sessions Judge dismissed the appeal, confirming the order of conviction and sentence passed by the court below. Aggrieved by the same, the present revision has been filed.
3. During the pendency of the revision, the matter has been settled between the parties and they filed Crl.M.A.No.7798/2014 for permission to compound the case and record compounding and the application was allowed and Crl.R.P.No.2476 of 2010 : 2 :
permission was granted and the 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.
4. So, the revision is allowed and the order of conviction and sentence passed by the court below in C.C.No.172/2007 confirmed in Crl.Appeal No.518/2008 of IInd Additional Sessions Court, Kozhikode 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. He is set at liberty. The bail bond executed by him will stand cancelled. The amount of Rs.25,000/- deposited by him before the court below as directed by the appellate court for suspending the sentence is directed to be returned to the revision petitioner on making application before the court below for that purpose.
Office is directed to communicate the same to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge