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Beeny Thomas vs State of Kerala and Another

High Court Of Kerala · Decided on 1 December 2006 · Citation: (2007) 3 BC 380

HON’BLE JUDGES
K.T. Sankaran, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 320(8), 357(3) · Negotiable Instruments Act, 1881 (NI) — Section 138, 147
CASE NUMBER
Criminal Rev. Petition No. 4242 of 2006
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Judgment

3 paragraphs · 181 words

K.T. Sankaran, J.—The petitioner was found guilty for the offence u/s 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 u/s 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 u/s 147 of the Negotiable Instruments Act seeking to compound the offence u/s 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 u/s 320(8) of the Code of Criminal Procedure.