K.N. Moidu vs P. Kunhikrishnan & Ors.

M G Uma, J

Learned counsel for the revision petitioner and the respondents have filed an application under Section 320(1) of Cr.P.C. read with Section 147 of the Negotiable Instruments Act (for short 'the NI Act') seeking permission to compound the offence punishable under Section 138 of NI Act.

It is stated that the revision petitioner being the accused is convicted by the Trial Court for the offence punishable under Section 138 of NI Act. His appeal preferred before the First Appellate Court was dismissed and the present revision petition is filed seeking his acquittal. In the meantime, the parties have agreed to compound the offence. There is no impediment to accord permission to compound the offence. Hence, application is allowed and permission is accorded to compound the offence.

They have also filed an application under Section 320(1) of Cr.P.C. read with Section 147 of NI Act reporting settlement between the parties, which reads as under:

"The abovenamed Petitioner and the Applicants/ Respondent 1(a) to 1(e) beg to submit as under:-

That the Petitioner filed above Petition challenging the Judgment and Order dated 16-01-2006 in Criminal Appeal No.08/2002 passed by the Court of the District and Sessions Judge, Kodagu, Madikeri which dismissed the Appeal and thereby confirmed the Judgment and Order dated 28-02-2002 in C.C. No. 1544/1998 on the file of the Additional Civil Judge (JR. DN.) and JMFC, (II Court), Madikeri.

That after intervention of the friends and well-wishers, the Parties agreed to Compound the Offence. The original Complainant/ Respondent is no more and he expired on 25-11-2022. The Applicants filed Application to come on record as Respondent 1(a) to 1(e). That since the Petitioner was convicted and confirmed in Appeal, the Parties are seeking permission to Compound the offence. Application is filed to grant permission. There is no impediment for granting permission to Compound the offence. In pursuance of the settlement, the Petitioner paying Rs.1,15,000/-(One lakh fiftteen thousand only) DD dated 13.06.2025 No-608268.

Therefore, it is prayed that this Hon'ble Court may be pleased to record the settlement and acquit the Petitioner of all the charges, in the interests of justice and equity."

Learned counsel for the revision petitioner and the respondents have signed the same and admit the terms of such compromise.

Learned counsel for respondent No.1(a) to (e) acknowledges the receipt of demand draft bearing No.600268 dated 13.06.2025 issued by Karnataka Bank Ltd., High Court Branch, Bengaluru for a sum of Rs.1,15,000/- and submits that he has no objection to allow the appeal. Respondents have no objection to treat the amount received by them, as compensation paid out of fine amount for the offence punishable under Section 138 of NI Act.

Learned counsel for the revision petitioner submits that the revision petitioner is in custody and he has no objection to pay the fine of Rs.5,000/- imposed on him while passing the order of sentence.

The application and the submissions are placed on record. Satisfied with the terms of compromise. Since the demand draft is issued in the name of respondent No.1(a), being the wife of the deceased - complainant, the compromise entered into between the parties is accepted.

Hence, I proceed to pass the following:

ORDER

(i) The Criminal Revision Petition is disposed off in view of the compromise entered into between the parties.

(ii) The judgment of conviction dated 28.02.2002 passed in CC No.1544 of 1998 by the learned Additional Civil Judge (Jr.Dn.) and JMFC (II Court), Madikeri, which was confirmed vide judgment dated 16.01.2006 passed in Criminal Appeal No.8 of 2002 by the learned District and Sessions Judge, Kodagu-Madikeri, is hereby confirmed, while the order of sentence is modified as under:

(a) The revision petitioner -accused is sentenced to pay fine of Rs.1,20,000/-. Out of the fine amount, a sum of Rs.1,15,000/- is paid to respondent No.1(a) by way of demand draft as compensation.

(b) The revision petitioner is permitted to deposit the remaining fine amount of Rs.5,000/- before the Trial Court, before he is released from the prison.