Judgment :

Delay condoned.

Leave granted.

This appeal is directed against final order dated 26th May, 2008 passed by a learned Judge of the High Court of Kerala at Ernakulam in Criminal Revision Petition No. 1609 of 2008. By the impugned order, the learned Judge, while upholding the conviction of the appellant for an offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short "the Act"), has modified the sentence awarded to the appellant and he has been sentenced to pay a fine of Rs.2.00 lakhs as compensation under Section 357(1) of the Code of Criminal Procedure. The appellant has been permitted either to deposit the said fine amount before the trial Court or pay directly the compensation amount to the respondent/complainant within six months of the date of the order. It has been further directed that if the appellant fails to deposit or pay the said amount within the time granted, he shall suffer simple imprisonment for three months by way of default sentence.

Learned counsel for the parties submit that during the pendency of this appeal, the parties have entered into a compromise and in terms of the said compromise, entire amount has been received by the r