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Judgment
P.Somarajan, J
This Crl.R.P. is filed against the concurrent finding of conviction under Section 138 of the N.I.Act and the sentence awarded thereon.
It is submitted that subsequently, the matter has been amicably settled in between the parties, the original complainant and the accused by making
payment of entire settled amount. But no application was submitted under Section 147 of the N.I.Act due to a mistake of fact. Subsequently, the
original complainant and his wife passed away. His children, the natural legal heirs were impleaded. They entered appearance through Counsel and
fairly submitted that they don't want to proceed with the conviction and the sentence awarded in view of the settlement arrived at by receiving the
entire amount due. Since the offence under Section 138 of the N.I. Act is a statutorily created o4ffence intended to give rigour to commercial
transactions and having regard to the submission, it is fit and proper to set aside the conviction and the sentence under Section 138 of the N.I.Act
against the revision petitioner.
This Revision Petition is allowed. The finding of guilt of accused under Section 138 of the N.I.Act and the conviction and the sentence thereunder are
hereby set aside. The amount deposited by the petitioner which comes to Rs.50,000/- (Rupees Fifty Thousand Only) shall be released to the petitioner
as it was not objected by the party respondents.