Minoj.A.V vs State Of Kerala

V.G.Arun, J

The petitioner is the accused in C.C.No.1589 of 2009 of the Judicial First Class Magistrate Court, Chavakkad. The case arose from a complaint filed by the second respondent alleging commission of the offence under Section 138 of the Negotiable Instruments Act. The trial Court, on appreciation of evidence and consideration of the legal contentions found the petitioner guilty and thereupon convicted and sentenced him to undergo simple imprisonment for two months and to pay compensation of Rs.1,20,000/- to be complied under Section 357 (3) of Cr.P.C. The petitioner preferred an appeal against that judgment belatedly. The appellate court refused to condone the delay and consequently dismissed the appeal. Hence, this revision petition.

When the matter was taken up for consideration, learned Counsel for the petitioner and first respondent submitted that the dispute has been resolved and the amount due to the first respondent, paid. It is pointed out that the parties have filed a joint petition for compounding also.

In view of the settlement, the petition for compounding is allowed by resorting to Section 147 of the Negotiable Instruments Act. Consequently, the judgments of the trial and appellate courts are set aside and the revision petitioner, acquitted. The bail bond executed by the petitioner and sureties will stand discharged.

As it is informed that the petitioner is undergoing imprisonment, in execution of the sentence imposed on him, a copy of this judgment shall forthwith be communicated to the Superintendent of Viyyur Central Jail, so as to effectuate immediate release of the petitioner.