N V Lokesh vs M B Manjunath S/O Bobegowda

S Rachaiah, J

Heard Shri Pratheep K.C., learned counsel for the petitioner and Shri Chinnappa Gowda D.G., learned counsel for the respondent.

Both learned counsels submit that the parties have settled the dispute amicably and filed a Joint Memo of even date. The joint memo is taken on record.

The petitioner and the respondent are present and are identified by their respective counsels. The Joint Memo is duly signed by the petitioner, the respondent and their respective counsels. The joint memo reads thus:

“1. It is submitted that, the respondent filed a complaint under section 138 of NI act in C.C.NO. 301/2019 and the trial court by its judgment dated 28.09.2021 convicted the petitioner herein for the offence under section 138 of NI act and directed him to pay a fine of Rs. 5,00,000/-

It is submitted that, against the said judgment, the petitioner filed an appeal in CRL.A.NO.125/2022 before the district and sessions judge, Chikkamaglur and the appellate court by its judgment dated 10.08.2022 confirmed the judgment of the trial court, however set aside the sentence to undergo imprisonment for a period of one year.

It is submitted that, being aggrieved by the same the petitioner is before this court.

It is submitted that, during the pendency of this petition both the parties have amicably settled the dispute, accordingly the petitioner had paid the entire amount and accordingly an application U/S 147 of NI act was filed before the trial court on 28.03.2023.

WHEREFORE, in view of the settlement between the parties, this Hon'ble court may kindly acquit the petitioner for the offence punishable U/S 138 of NI act in the interest of justice and equity.”

On perusal of the above said terms and conditions and also considering the offence which is punishable under Section 138 of the N.I. Act, which is compoundable in nature, there is no embargo to this Court to record the compromise in terms as stated supra.

Accordingly, I proceed to pass the following:

ORDER

(i) The Criminal Revision Petition stands disposed of in terms of the compromise.

(ii) The judgment of conviction and order of sentence dated 28.09.2021 in C.C.No.301/2019 passed by the Senior Civil Judge and J.M.F.C., Mudigere and the judgment and order dated 10.08.2022 in Crl.A.No.125/2022 passed by the Principal Judge (District and Sessions Judge), Family Court, Chikkamagaluru, are set aside.

(iii) The petitioner / accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act.

(iv) The Trial Court is directed to release the amount, which is deposited by the petitioner / accused, if any, in favour of the petitioner / accused forthwith, on proper identification and on production of certified copy of the order of this Court.

(v) Bail bond executed, if any, stands cancelled.