K K PURUSHOTHAMAN Vs. K V ABRAHAM

JUDGEMENT

(1.) CRL.R.P. is filed challenging the conviction and sentence under Section 138 of the Negotiable Instruments Act. The trial court sentenced the petitioner to undergo simple imprisonment of six months and to pay a fine of Rs.25,000/- and in default of payment of fine, to undergo simple imprisonment for a period of 45 days. There was also a direction that the fine amount, if realised, would be paid to the complainant as compensation under Section 357(1) of the Code of Criminal Procedure. On appeal by the accused, the appellate court allowed the appeal in part and while confirming the conviction, the sentence of imprisonment was altered and limited to imprisonment till the rising of the court, and a sum of Rs.40,000/- was awarded as compensation with a default sentence of imprisonment for three months.

(2.) CRL.M.A.No.11670/2006 filed under Section 147 of the Negotiable Instruments Act signed by the complainant and the accused and their counsel, stating that the matter is settled between the parties. That application was allowed. It is stated therein that Rs.3,000/- was deposited on 4.4.2005 and Rs.10,000/- was deposited on 5.2.2005 by the Revision petitioner/accused before the trial court and that those amounts may be directed to be released in favour of the complainant. Accordingly, the CRL.R.P. is allowed. The conviction and sentence against the petitioner are set aside and the petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. The trial court shall release to the complainant the amount of Rs.3,000/- and Rs.10,000/- deposited by the accused.