P. Sadasivan vs State of Kerala

Leave granted.

Heard the learned counsel for the both the parties.

The conviction of the petitioner has been recorded u/s 138 of the Negotiable Instruments Act and a sentence of six months' simple imprisonment was awarded therefore. The petitioner was also ordered to pay a compensation of an amount of Rs. 40,000 to the complainant with costs of Rs. 1,000.

In one of the orders passed by this Court on 24.3.2003, the petitioner was required to deposit a sum of Rs. 20,000 over and above the amount which the petitioner was required to deposit in pursuance of the order passed by the trial Court, so that the request of the petitioner for compounding of the offence could be considered.

It is stated on behalf of the petitioner that a sum of Rs. 40,000, along with Rs. 1,000 as costs, has already been deposited with the trial Court, and Rs.20,000 has also been deposited in pursuance of the order of this Court passed on 24.3.2003. That being the position, and on considering all facts and circumstances of the case, while maintaining the conviction of the petitioner, it is provided that the amount deposited by the petitioner in pursuance of the order passed by this Court shall be treated as the amount of fine payable to the complainant and the substantive sentence of six months' simple imprisonment is, therefore set aside.

The whole amount, namely the amount of Rs. 41 thousand as well as the amount of fine of Rs. 20 thousand, may be withdrawn by the complainant.

The appeal stands finally disposed of in the manner indicated above.