Muninarayanappa vs Thimmareddy

M G Uma, J

Learned counsel for the revision petitioner and respondent along with their parties, are present before the Court. The parties have been identified by their respective counsel.

Learned counsel for the respondent filed IA.5 of 2023 dated 11.10.2023 along with the affidavit of the respondent.

The compromise petition reads as under:

"1. The Respondent filed the case as against to the petitioner for the punishable under Section 138 of N.I. Act in C.C.No.242/2017 on the file of Additional Civil Judge and JMFC at Chinthamani and the same has convicted the petitioner by ordering the fine amount of Rs.2,55,000/- failing which the petitioner shall undergo imprisonment for a period of 1 year. And the same confirmed in Criminal Appeal No.38/2020 on the file of II Additional District and Session Judge, Chikkaballapura sitting at Chinthamani.

Now the petitioner and respondent are agreed to enter into compromise. Accordingly the petitioner shall pay the amount of 1,83,750/-to the respondent. In respect of respondent already received the amount of Rs. 63,750/- from the court which has deposited by the petitioner before the trial court. Today the respondent received the remaining amount of Rs.1,20,000/-from the petitioner counsel in open court.

Accordingly the respondent agreed to withdraw the case filed by him and agreed to acquit the petitioner and also agreed to request to this Hon'ble court to set-aside the judgment of both court.

Wherefore it is most respectfully prayed that this Hon'ble court be pleased to set-aside the judgment of both court and acquit the petitioner and grant such other relief deems fit in the interest of justice and equity."

The affidavit of the respondent-complainant annexed to the application reads as under:

"I, THIMMAREDDY, S/o Kondappa, aged about 74 years, R/o Ankalamadugu (V) kadadanamari (Plaintiff) Grampanchayat, Munganahalli (H) Chintamani (T) Chikkaballapur (D) - 560 060, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:

I state that I am the respondent in the above case and I know the facts and circumstances of this case. Hence, I am swearing to this affidavit.

I further that I have filed the case as against to the petitioner for punishable under section 138 of N.I.Act in C.C.No.242/2017 on the file of Addl. Civil judge and JMFC at Chintamani and the same has convicted the petitioner by ordering the fine amount of Rs.2,55,000/- failing which the petitioner shall undergo imprisonment for a period of 1 year, and the same confirmed in Crl.Appeal No.38/2020 on the file of II Addl. District and Sessions Judge, Chikkaballapura sitting at Chintamani.

Now the petitioner and respondent are agreed to enter into compromise. Accordingly the petitioner shall pay the amount of Rs.1,83,750/-to the respondent in respect of the respondent already received the amount of Rs.63,750/- from the court which has deposited by the petitioner before the trial court. Today the respondent received the remaining amount of Rs.1,20,000/-from the petitioner counsel in open court.

Accordingly I agreed to withdraw the case filed by him and agreed to acquit the petitioner and also agreed to request to this Hon'ble court to set-aside the judgment and of both court.

What is stated above is true and correct to the best of my knowledge, information and belief."

Learned counsel for the revision petitioner has filed a memo reporting that the DD bearing No.362692 dated 12.10.2023, drawn in favour of the respondent is handed over to him. The respondent and his counsel acknowledge the receipt of the said DD.

Learned counsel for the revision petitioner has no objection for the respondent-complainant to withdraw the amount of Rs.63,750/-, which is deposited before the Trial Court.

Perused the compromise petition. The terms of compromise is valid and legal and the same is to be accepted. In view of the above, parties are permitted to compound the offence. Accordingly, the impugned judgment of conviction and order of sentence passed by the Trial Court, which was confirmed by the First Appellate Court are liable to be aside.

Hence, the following:

ORDER

(i) The compromise petition is accepted. The parties are permitted to compound the offence.

(ii) Consequently, the Criminal Revision Petition is allowed.

(iii) The judgment of conviction and order of sentence dated 20.07.2020 passed in CC No.242 of 2017 on the file of the learned Additional Civil Judge and JMFC, Chintamani, which was confirmed vide judgment dated 03.02.2023 passed in Criminal Appeal No.38 of 2020 on the file of the learned II Additional District and Sessions Judge, Chikkaballapur, sitting at Chintamani, is hereby set aside.

(iv) The respondent is permitted to withdraw the amount for Rs.63,750/- which is in deposit before the Trial Court.

(v) The accused is acquitted for the offence punishable under Section 138 of NI Act and he shall be released from custody, forthwith.

(vi) The bail bond and that of his sureties shall stand cancelled.

Registry is directed to send back the Trial Court records along with copy of this order.