Revision filed against Section 138 NI Act conviction; court considers compromise, reduces sentence, imposes costs.

The revision was filed against a judgment convicting the applicant under Section 138 of the Negotiable Instruments Act, 1881. The court considered the compromise between the parties, reducing the jail sentence to the period already served and imposing costs of 3% of the cheque amount to be paid within 15 days. Failure to pay would result in serving the original sentence and compensation.

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Issues involved:
The judgment involves a revision filed against a criminal appeal where the applicant was convicted under Section 138 of Negotiable Instruments Act, 1881 and sentenced to imprisonment and compensation. The issues include the compromise deed submitted by both parties, reduction of the appellant's sentence, and the applicability of guidelines for imposing costs in cases of delayed composition of offenses.

Details of the Judgment:
1. The revision was filed against a judgment convicting the applicant under Section 138 of the Negotiable Instruments Act, 1881. The learned Sessions Court affirmed the conviction and imposed a sentence of imprisonment and compensation on the applicant.
2. The revision was accompanied by a compromise deed, indicating that both parties had settled the matter without any undue influence or coercion. The complainant received the full amount of the cheque as per the settlement and agreed to reduce the jail sentence to the period already undergone.
3. The complainant's counsel confirmed that the complainant had received the entire amount as per the settlement and had no objection to reducing the jail sentence since there is no minimum sentence specified under the Negotiable Instruments Act, 1881.
4. The court considered the compromise between the parties and referred to the guidelines laid down by the apex court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. regarding the imposition of costs on parties delaying the composition of offenses in cheque bouncing cases.
5. Following the guidelines, the court directed the applicant to pay 3% of the cheque amount as costs to be deposited with the State Legal Services Authority. Upon payment within 15 days, the applicant would be released from jail, and the sentence would be reduced to the period already undergone.
6. Failure to deposit the required amount would result in the applicant undergoing the original sentence and compensation as awarded by the trial court. The revision was disposed of accordingly, with a certified copy to be issued as per rules.

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