S AMIRTHAMANI Vs. N MAHALINGAM

JUDGEMENT

(1.) THE short facts of the case are as follows:- The respondent herein / complainant had registered a case in C.C.No.539 of 2004, on the file of Judicial Magistrate-II, Coimbatore against the revision petitioner / accused for an offence under Section 138 of Negotiable Instruments Act, stating that the accused had issued a cheque for a sum of Rs.37,255/- dated 25.09.2003, to and in favour of the complainant, in order to discharge the business transaction amount. The said case was tried on merits and the learned Magistrate had come to a conclusion that the accused had committed an offence under Section 138 of Negotiable Instruments Act, and sentenced him to undergo simple imprisonment for a period of six months and imposed a fine of Rs.1,000/-. Against the said conviction and sentence, the accused had filed an appeal in C.A.No.133 of 2006 on the file of the Additional District and Sessions Court, Fast Track Court-III, Coimbatore. The learned judge dismissed the said appeal and confirmed the trial Court's order.

(2.) AGAINST the dismissal of the appeal, the revision has been filed.

(3.) IN view of the compromise memo filed by both the parties and that it has been signed by the parties concerned and their respective learned counsels, this Court sets aside the judgment and conviction passed in C.A.No.133 of 2006 on the file of the Additional District and Sessions Court, Fast Track Court-III, Coimbatore, dated 13.03.2007, modifying the conviction and sentence imposed in C.C.No.539 of 2004 on the file of the Judicial Magistrate-II, Coimbatore, dated 20.03.2006. Consequently, the revision petitioner / accused is set at liberty. Accordingly ordered.