MANOJ K BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to pay fine of Rs.80,000/- and in default, to undergo simple imprisonment for thirty days. THE trial court directed that the fine amount, if recovered shall be paid as compensation to the complainant under Section 357(1) of the Code of Criminal Procedure. On appeal, the Appellate Court confirmed the conviction and sentence and dismissed the appeal.

(2.) CRL.M.A.No.11965 of 2006, signed by the complainant and the accused and their counsel, was filed seeking to compound the offence and that application was allowed. Accordingly, the Criminal Revision Petition is allowed, the conviction and sentence imposed on the petitioner are set aside and the petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure.