P N JOSHI Vs. P M ASSIS

JUDGEMENT

(1.) THE petitioner/accused in C.C.No.1312 of 2000 on the file of the court of the Judicial Magistrate of the First Class, Perumbavoor was convicted for the offence under section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for a period of three months. THE trial court also awarded a compensation of Rs.21,000/- to the complainant under section 357(3) of the Code of Criminal Procedure. It was also directed that in default of payment of compensation, the petitioner/accused shall undergo simple imprisonment for a further period of 45 days. On appeal by the accused, the appellate court confirmed the conviction. However, the substantive sentence was reduced to imprisonment till the rising of the court. THE direction to pay compensation was confirmed.

(2.) CRL.M.A.No. 12105 of 2006 was filed by the revision petitioner/accused as well as the first respondent/complainant under section 147 of the Negotiable Instruments Act and that application was allowed. In the result, the CRL. Revision Petition is allowed. The conviction and sentence imposed on the petitioner/accused are set aside and he is acquitted under section 320(8) of the Code of Criminal Procedure.