M S JANARDHANAN Vs. C K GEORGEKUTTY

JUDGEMENT

(1.) The petitioner 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 and to pay a sum of Rs. 70,000/- as compensation under section 357(3) of the Code of Criminal Procedure. On appeal, the appellate court confirmed the conviction and sentence.

(2.) Crl.M.A.No. 12298 of 2006 was filed by the revision petitioner/ accused and the additional third respondent, who is the widow of the deceased complainant, seeking leave of the court to compound the offence and that application was allowed. Accordingly, the Crl. Revision Petition is allowed. The conviction and sentence imposed on the petitioner are set aside. The petitioner is acquitted under section 320(8) of the Code of Criminal Procedure.

(3.) This is an application filed under section 147 of the Negotiable Instruments Act seeking permission to compound the offence under section 138 of the Negotiable Instruments Act. The application is signed by the revision petitioner/ accused as well as the widow of the first respondent/ complainant, who is impleaded as additional third respondent in the revision and their counsel. It is stated in the application that the entire amount covered by the cheque was received by the additional third respondent. The application is allowed.