LAWS(KER)-2006-11-116

ABDUL LATHEEF Vs. STATE OF KERALA

Decided On November 28, 2006
ABDUL LATHEEF Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner was convicted under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for six 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. However, the sentence was modified and reduced to simple imprisonment for a period of one month and to pay a compensation of Rs.1,50,000/- and in default of payment of compensation, to undergo simple imprisonment for a period of three months.

(2.) Crl.M.A. No.12050 of 2006, signed by the complainant and the accused and their counsel, filed under Section 147 of the Negotiable Instruments Act has been 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.