V C JOSEPH Vs. K T THOMAS

JUDGEMENT

(1.) THE petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo imprisonment for six months and was directed to pay a sum of Rs.90,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for thirty days. On appeal by the accused, the Appellate Court confirmed the conviction, but modified the sentence of imprisonment as simple imprisonment for three months. THE compensation amount was enhanced to Rs.91,000/- and in default of payment of compensation, the petitioner was sentenced to undergo simple imprisonment for a period of two months.

(2.) CRL.M.A. No.12268 of 2006, signed by the complainant and the accused and their counsel, filed under Section 147 of the Negotiable Instruments Act 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.