SAJIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and the trial court imposed a sentence of simple imprisonment for fifteen days. THE accused was also directed to pay a sum of Rs.19,487.50 as compensation under Section 357(3) of the Code of Criminal Procedure. On appeal by the accused, the Appellate Court confirmed the conviction and sentence and dismissed the appeal.

(2.) CRL.M.A. No.12577 of 2006, signed by the complainant and the accused and their counsel, filed under Section 147 of the Negotiable Instruments Act was allowed. Accordingly, the Criminal 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 is an application under Section 147 of the Negotiable Instruments Act, seeking to compound the offence under Section 138 of the Act. The application is signed by the revision petitioner/accused and the second respondent/ complainant. It is stated that the matter is settled between the parties. Hence the application is allowed.