K G MANOJ 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 imprisonment for three months and was directed to pay a sum of Rs.1,50,000/- as compensation to the complainant. On appeal by the accused, the Appellate Court confirmed the conviction and sentence and dismissed the appeal.

(2.) Crl.M.A. No.12126 of 2006, signed by the complainant and the accused and their counsel, filed under Section 147 of the Negotiable Instruments Act was allowed.

(3.) In the result, 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. The accused shall be released from jail forthwith if his detention is not otherwise required in any other case. It is submitted by the counsel that as directed by the Appellate Court amounts have been deposited by the accused before the trial court. They submit that as per the terms of the compromise, the second respondent/complainant is entitled to withdraw the same. There will be a direction to the trial court to release to the complainant the amounts deposited by the accused. Issue photocopy of the order today itself.