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Supreme Court Of India
SIVASANKARAN
Versus
STATE OF KERALA
Decided on : August 5, 2002
Negotiable Instruments Act, 1881, Section 138 - Compounding of offence -Appellant convicted and sentenced under Section 138 of the Act- A compromise arrived at between the parties and a sum of Rs. 45,000/- paid by the appellant in full and final settlement -Respondent stated that he had no objection to the dismissal of the complaint or modification of the sentence - Therefore sentence modified and instead of the appellant suffering imprisonment for six months a fine of Rs. 1000 imposed. [Paras 3 and 4]
Judgment
B. N. KIRPAL, J.
( 1 ) ). Special leave granted.
( 2 ) IN the instant case, the cheque issued by the appellant had been dishonoured. This led to filing of a complaint under Section 138 of the negotiable Instruments Act and the appellant was sentenced to undergo simple imprisonment for six months.
( 3 ) IT has now been brought to our notice that a compromise has been arrived at between the parties as a result whereof a sum of Rs 45,000 has been paid by the appellant in full and final settlement and the same has been received by Respondent 2, namely, K. K. Chandran. In the receipt filed in this court, it is stated that the said Chandran has no objection to the dismissal of the complaint or modification of the sentence imposed by the Court.
( 4 ) AFTER hearing the counsel for the parties, we modify the sentence and direct that instead of the appellant suffering imprisonment for six months a fine of Rs 1000 be imposed.
( 5 ) THIS appeal is disposed of in the aforesaid terms.
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