K L JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The second respondent/complainant filed a complaint against the petitioner under Section 138 of the negotiable Instruments Act in S.T.NO.9450 of 1998, on the file of the Court of the Judicial Magistrate of the First Class, Irinjalakuda. The trial court as per the judgment dated 10.1.2003,acquitted the petitioner/accused. The complainant filed Crl.A.No.879 of 2003 before this Court, which was disposed of on 18.3.2004, directing the trial court to dispose of the matter afresh. After remand, the trial court convicted the petitioner/accused and he was sentenced to undergo simple imprisonment for a period of three months. The accused was also directed to pay an amount of Rs.90,000/- to the complainant as compensation under Section 357(3) of the Code of Criminal Procedure and in default, to undergo simple imprisonment for a period of two months. The petitioner challenged the conviction and sentence in Crl.A.No.468 of 2004, on the file of the Court of Sessions, Thrissur. The Appellate Court allowed the appeal in part and the sentence of imprisonment was reduced to simple imprisonment for a period of one month. The default sentence of two months imposed by the trial court was reduced to simple imprisonment for a period of fifteen days. The Criminal Revision Petition is filed challenging the conviction and sentence as imposed by the Appellate Court.

(2.) Crl.M.Appl.No.12257 of 2006 was filed by the parties under Section 147 of the Negotiable Instruments to compound the offence and that application was allowed.

(3.) In the result, 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.