THACHANCHALIL MANOJ KUMAR Vs. K SREEDHARAN

JUDGEMENT

(1.) THE revision petitioner was sentenced to undergo simple imprisonment for a period of three months and to pay fine of Rs. 5,000/- for the offence under section 138 of the Negotiable Instruments Act . On appeal the appellate court confirmed the conviction and sentence.

(2.) AN application under section 147 of the Negotiable Instruments Act filed by the petitioner/accused and the first respondent/ complainant for compounding the offence was allowed. In the result, the 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 to condone the delay of 137 days in filing the revision petition. It is stated in the affidavit that due to an omission on the part of the advocate's clerk, there was delay in filing the application for certified copy of the appellate court's judgment. Moreover, the parties have settled the matter and an application for compounding is filed. In the facts and circumstances of the case, the delay is condoned. Number the Crl. Revision Petition as well as the application for compounding. The petitioner/accused and the first respondent/ complainant have filed this application for compounding under section 147 of the Negotiable Instruments Act, wherein it is stated that the parties have settled the matter out of court and that the complainant is not interested in proceeding against the petitioner. The application is allowed.