P S VARGHESE Vs. ANTONY JOHN

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 three months. He was also directed to pay a sum of Rs. 75,000/- as compensation to the complainant under section 357(3) of the Code of Criminal Procedure . THE appellate court confirmed the conviction and sentence.

(2.) THE dispute between the parties has been settled and an application for compounding the offence was filed. That application was allowed. In the result, 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. This application is filed under section 147 of the Negotiable Instruments Act by the revision petitioner/accused and the first respondent/complainant seeking leave to compound the offence under section 138 of the Negotiable Instruments Act. It is stated in the application that the matter is settled between the parties out of court. THE application is allowed.