Supreme Court of India
Joseph J. Kondody vs Michael Kuruvilla on 10 March, 2004
Equivalent citations: 2004(2)CTC559, AIRONLINE 2004 SC 842
Bench: B.N. Agarwal, D.M. Dharmadhikari
ORDER
1. Heard the parties.
2. The sole appellant was charged and tried under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) and by an order rendered by the trial Court acquitted of the charge. On appeal being preferred by the complainant before the Kerala High Court the order of acquittal has been reversed and the appellant has been convicted under Section 138 of the Act and sentenced to undergo simple imprisonment for a period of three months and to pay fine of Rs. 3000 in default, to further undergo simple imprisonment for a period of one month. Hence this appeal by special leave.
3. Learned Counsel appearing on behalf of the parties stated that the parties have compromised the matter and filed a petition before this Court for grant of permission to compound the offence. In the facts and circumstances of the case, in our [opinion], it is a fit case for according permission to the parties to compound the offence. In view of these facts the appeal is allowed and the impugned judgment rendered by the High Court is set aside in view of the compounding.