B H SUBAIDA Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl. R.P. No. 787 of 2006 Dated this the 21st day of November, 2006 ORDER 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 six months and to pay an amount of Rs.4,13,000/- as compensation. On appeal as Crl.Appeal No.685/04, the Sessions Court, Kozhikode, confirmed the conviction but reduced the sentence as imprisonment till the rising of the court. The appellate court also directed the accused to pay a sum of Rs.4,13,000/- as compensation to the complainant and in default, to undergo simple imprisonment for a period of six months.

(2.) The complainant as well as the accused have filed Crl.M.A.No.11531/06 under Section 147 of the Negotiable Instruments Act. That application was allowed.

(3.) In the result, the Crl.R.P. is allowed. The conviction and sentence against the petitioner are set aside and the petitioner is acquitted under Section 320 (8) of the Code of Criminal Procedure.