BIJU V MATHEW Vs. RASHTRA DEEPIKA LTD

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 one month . He was also directed to pay compensation of Rs. 30,000/- to the complainant under section 357 (3) of the Code of Criminal Procedure and in default, to undergo simple imprisonment for a further period of one month. On appeal, the appellate court confirmed the conviction, but the sentence of imprisonment is reduced to imprisonment till the rising of the court. THE direction to pay compensation was confirmed, but the default sentence was enhanced to three months.

(2.) CRL.M.A.No.12271 of 2006 has been filed by the petitioner/accused and the first respondent/ complainant stating that the matter is settled. That application was allowed. In the result, the CRL. 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.