SURESH KUMAR G Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was found guilty of the offence under section 138 of the Negotiable Instruments Act. THE trial court sentenced him to undergo simple imprisonment for a period of one month and to pay compensation of Rs.40,000/- and in default of payment of compensation, to undergo simple imprisonment for a period of one month. On appeal, the appellate court confirmed the conviction and sentence and dismissed the appeal.

(2.) CRL.M.A.No. 12097 of 2006 was filed by the complainant as well as the accused under section 147 of the Negotiable Instruments Act and that application was allowed. In the result, the CRL. Revision Petition is allowed. The conviction and sentence imposed on the petitioner/accused are set aside and he is acquitted under section 320(8) of the Code of Criminal Procedure.