Conviction and sentence under Section 138 of the Negotiable Instruments Act are under challenge in this revision. Pending the proceedings, the parties amicably settled the whole dispute out of Court including the civil disputes. Accordingly, the 2nd respondent/complainant filed affidavit before this Court that he has received the entire amount due, and that he does not want to proceed with the matter. On hearing both sides, I find that the parties have resolved the dispute for ever, and that the complainant has received the entire amount due. His concern is only to get the amount due, and not to send the revision petitioner to jail. The affidavit filed by the 2nd respondent/complainant is accepted as composition on the submissions made by the learned counsel on both sides. Accordingly, the conviction and sentence against the revision petitioner under Section 138 of the Negotiable Instruments Act in C.C No.690 of Crl.R.P No.856 of 2014 2 2002 of the Judicial First Class Magistrate-III, Punalur are hereby set aside and the revision petitioner is released from prosecution on the benefit of acquittal under Section 320 (8) of Cr.P.C. The bail bond executed by him will stand discharged.
The revision petition is allowed as above.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge