HARIDAS Vs. GOPI

JUDGEMENT

(1.) The criminal revision petition has been filed challenging the judgment dtd. 5/7/2019 in Crl.A.No. 12/2018 on the file of the Additional Sessions Court-V, Palakkad (for short 'the appellate court') confirming the judgment dtd. 29/12/2017 in C.C.No.2/2016 on the file of the Judicial First Class Magistrate-II, Chittur (for short 'the trial court').

(2.) The revision petitioner was prosecuted for the offence punishable under Sec. 138 of the Negotiable Instruments Act. The 1st respondent was the complainant. The trial court convicted the revision petitioner and sentenced him to pay a fine of Rs. 4,00,000/-, in default to suffer simple imprisonment for a period of two years. The fine amount on realisation was ordered to be paid to the complainant as compensation under Sec. 357(1)(b) of Cr.P.C. The appellate court confirmed the conviction and sentence.

(3.) The 1st respondent entered appearance through counsel. The learned counsel for the revision petitioner submitted that the fine amount of Rs. 4,00,000/- was already paid directly by the revision petitioner to the 1st respondent. A receipt of the same has also been produced. The learned counsel for the 1st respondent submitted that the 1st respondent has received the fine amount and he does not want to proceed further with the matter.