K SURESH Vs. SHINOD KUMAR

JUDGEMENT

(1.) THE first respondent filed the complaint under section 138 of the Negotiable Instruments Act against the revision petitioner. THE trial court found the accused guilty of the offence and he was sentenced to undergo simple imprisonment for six months . THE accused was also directed to pay a sum of Rs. 1,09,000/- to the complainant as compensation under section 357(3) of the Code of Criminal Procedure. THE appellate court confirmed the conviction and sentence imposed on the petitioner by the trial court.

(2.) AN application has been filed under section 147 of the Negotiable Instruments Act by the petitioner/accused and the first respondent/ complainant seeking leave to compound the offence and that application was allowed. Accordingly, the 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. The delay of 215 days in filing the revision petition is sought to be condoned in this application. It is stated in the affidavit accompanying the application that the petitioner was earnestly trying for settlement of the case. Now the matter is settled between the parties and an application for compounding is filed. Therefore, the delay is condoned.