K J JOHNSON Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for three months and was directed to pay a fine of Rs.25,000/- and in default, to undergo simple imprisonment for three months. On appeal by the accused, the Appellate Court confirmed the conviction and sentence and dismissed the appeal.

(2.) CRL.M.A. No.12420 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. This is an application under Section 147 of the Negotiable Instruments Act, seeking to compound the offence under Section 138 of the Act. The application is signed by the revision petitioner/accused and the second respondent/ complainant. It is stated that the revision petitioner/accused has paid the entire amount due to the second respondent. Hence the application is allowed.