G Ramachandra Reddy vs G Ambika

Shivashankar Amarannavar, J

This Revision Petition is filed challenging the judgment dated 07.12.2023 passed in Crl.Appeal No.27/2022 by the III Additional District and Sessions Judge, Chikkaballapura, whereunder the judgment of conviction passed in CC.No.208/2018 by the Civil Judge and JMFC, Bagepalli dated 26.08.2022 has been confirmed whereunder the petitioner/ accused has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred as to ‘NI Act’).

The respondent is present. A memo for settlement has been filed and it is signed by the petitioner’s counsel and respondent and her counsel.

The memo reads thus:

“MEMO FOR REPORTING SETTLAMENT :-

The advocate for petitioner in the above case submits that the petitioner is in judicial custody since from 26/04/2025, the petitioner/accused and respondent/complainant in the above case have settle the matter as full and final for a sum of Rs. 5,50,000/-(five lakhs fifty Thousand only). The petitioner was already paid a sum of rs.50,000/-(Fifty Thousand only) by way of cash and the reaming amount of Rs.5,00,000/-(Five Lakhs Only) is paid Cash today, hence this Hon'ble court be pleased to accept the settlement and direct the trial court, The Civil Judge And JMFC, Bagepalli, to release the petitioner/accused in C C no.208/2018, hence this memo, in the ends of justice and equity by Setting aside Judgement of Conviction recorded by Courts below.”

Respondent who is present before this Court reports receipt of cash of Rs.5,00,000/- and also submits that she has already received Rs.50,000/-. In view of the settlement, the offence under Section 138 NI Act is compounded. In view of the compounding, the petition is disposed of.

The petitioner is in district prison of Chikkaballapura. Issue release intimation by e-mail to the superintendent of District prison, Chikkaballapura to release the petitioner, if he is not required in any other case.