BEENY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for four months and to pay a compensation of Rs.Two lakhs to the complainant under Section 357(3) of the Code of Criminal Procedure and in default of payment of compensation, to undergo simple imprisonment for two months. THE petitioner challenged the conviction and sentence in appeal. THE Appellate Court confirmed the conviction, but modified the sentence of imprisonment as imprisonment till rising of the Court. THE direction to pay compensation was confirmed. However, the default sentence was enhanced to three months by the Appellate Court.

(2.) CRL.M.Appl.No.12267 of 2006, signed by the complainant as well as the accused, was filed under Section 147 of the Negotiable Instruments Act seeking to compound the offence under Section 138 of the Act. That application 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 supported by an affidavit of the revision petitioner/accused, wherein it is stated that the matter has been settled between the parties and atpresent, no amounts are due to the second respondent/complainant. Accordingly, the application is allowed.