Hussain vs Shabbir Ahmed

A.N. Venugopala Gowda

Petitioner faced trial for an offence under S.138 of the Negotiable Instruments Act, 1881 (for short, ''the Act''), in C.C. 24344/1996, in The Court of XI ACMM, Bangalore City. After trial, he was found guilty and convicted for the offence under S.138 of the Act and sentenced to pay fine of Rs. 38, 55, 000/- and to undergo S.I. for 6 months. In default of payment of fine, he was directed to undergo S.I. for 11/2 years. It was made clear that if the fine amount is recovered, Rs. 38, 50, 000/- be paid as compensation to the complainant. Feeling aggrieved, accused - petitioner filed Crl.A.25060/2008 in the Sessions Court, Bangalore City. The matter was assigned to FTC - III. Learned Presiding Officer of the FTC - III, by Judgment dated 09.10.2009, dismissed the appeal. Feeling aggrieved, accused has filed this criminal revision petition. Parties through their learned advocates have filed an application under S.147 of the Act read with S.320 of Cr. P.C., seeking permission to compound the offence and to acquit the petitioner of the charge under S.138 of the Act. Both the parties are present before the Court and are identified by their learned advocates.

Perused the record. The offence under consideration is compoundable. Petitioner has paid to the respondent the mutually agreed sum of Rs. 25, 00, 000/-. Respondent - complainant admits the receipt of Rs. 25, 00, 000/- and submits that he has no objection for acquitting the petitioner of the charge under S.138 of the Act. Since the compromise which has been arrived at between the parties is lawful and the offence is compoundable, the prayer in the application filed, noticed supra, is allowed. As a consequence, petitioner - accused is acquitted of the charges under S.138 of the Act. Revision petition is allowed in terms of the compromise application.