PAULOSE Vs. GUJARAT AMBUJA CEMENTS LTD

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 six months and was directed to pay a sum of Rs.1,54,000/- as compensation to the complainant under Section 357(3) of the Code of Criminal Procedure and in default of payment of compensation, to undergo simple imprisonment for two months. On appeal by the accused, the Appellate Court confirmed the conviction and sentence and dismissed the appeal.

(2.) CRL.M.A. No.11900 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.