M S KOSHY Vs. PHILIPOSE MATHAI

JUDGEMENT

(1.) THE petitioner was found guilty of the offence under section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for six months and was directed to pay an amount of Rs.50,000/- as compensation under section 357 (3) of the Code of Criminal Procedure and in default of payment of compensation, to undergo simple imprisonment for a period of three months. On appeal by the petitioner, the appellate court allowed the appeal in part, confirmed the conviction, but reduced the sentence of imprisonment as imprisonment till the rising of the court and a fine of Rs.5,000/-, and in default of payment of fine, to undergo simple imprisonment for a period of two months. THE direction to pay compensation was also confirmed.

(2.) THE petitioner and the first respondent have settled the dispute and they have filed an application under section 147 of the Negotiable Instruments Act. That application was allowed. In the result, the Crl. Revision Petition is allowed and 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. This is an application filed under section 147 of the Negotiable Instruments Act for grant of leave to compound the offence under section 138 of the Negotiable Instruments Act. THE application is signed by the petitioner/accused and the first respondent/complainant as well as their counsel. It is stated in the application that the dispute is settled between the parties and that the entire amount covered by the cheque has been paid by the revision petitioner. THE application is allowed.