VARUGHESE MAMMEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in C.C.No.928/1996 of the Judicial First Class Magistrate Court, Thiruvalla. The case originated from a complaint filed by the 2nd respondent alleging commission of offence under Sec. 138 of The Negotiable Instruments Act, 1881 (In short 'the Act') by the petitioner. The Trial court, on appreciation of evidence and consideration of legal contentions, found the petitioner guilty and thereupon, convicted and sentenced him to undergo rigorous imprisonment for six months. Although petitioner preferred an appeal, that was dismissed, affirming the conviction and sentence.

(2.) When the matter was taken up for consideration, the learned counsel on either side submitted that the dispute has been settled and the amount due under the cheque, paid. It is also submitted that the parties have filed a joint petition for compounding the offence. In view of the settlement arrived, the prayer for compounding is allowed by invoking the power under Sec. 147 of the Act. Consequently, the Revision Petition is allowed, the judgments of the Trial court and the Appellate court set aside and the Revision Petitioner, acquitted. The bail Bond executed by the revision petitioner and sureties will stand discharged. The Registrar shall communicate the order to the Superintendent of prison, Central Prison and Correctional Home, Poojappura, Thiruvananthapuram.