Sivasankaran Vs. State of Kerala and anr. - Court Judgment

Excerpt:

negotiable instruments act, 1881 - section 138--dishonour of cheque--conviction--subsequently compromise entered--appellant was sentenced to 6 months s.i.--subsequently compromise entered between appellant and respondent and certain sum was paid by appellant in full and final settlement, was received by respondent--receipt filed before supreme court stating that respondent has no objection to dismissal of complaint or modification of sentence--in the circumstances apex court modified sentence of 6 months imprisonment to fine of rs. 1000/- only.;appeal disposed of - b.n. kirpal, c.j.1. special leave granted.2. in the instant case, the cheque issued by the appellant had been dishonored. this lead to filing of a complaint under section 18 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 the respondent 2, namely k.k. chandran. in the receipt files 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.