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Judgment
5 paragraphs · 366 wordsA.N. Venugopala Gowda
On a complaint filed by respondent, petitioner was convicted in C.C.No.309/2010 on the file of the JMFC, Sagar, for an offence punishable under S. 138 of the Negotiable Instrument Act, ("the Act" for short). He was sentenced to pay fine of Rs. 2,45,000/-, in default, to undergo simple imprisonment for a period of two years. Acting under S. 357 Cr.P.C., accused was directed to pay fine amount of Rs. 2,40,000/- to the complainant towards cheque amount, interest thereon and other incidental charges as compensation. Crl.A.No.20/2011 filed in the Sessions Court at Shimoga, assigned to the Fast Track Court at Sagar, was dismissed, by judgment dated 29.2.2012. Feeling aggrieved, the accused has filed this Criminal Revision Petition. The parties through their learned counsel have filed a joint memo. Respondent/complainant has agreed to receive Rs. 1,00,000/-, as full and final settlement of his dues under the cheque/Ex.P1. Rs. 45,000/- was deposited in the Trial Court pursuant to the interim order passed in Crl.A.No.20/2011. Rs. 45,000/- has been deposited in the Trial Court pursuant to an interim order passed in this petition. Thus, Rs. 90,000/- is in deposit in the Trial Court. Petitioner paid today to the learned counsel appearing for the respondent Rs. 10,000/-. Thus, Rs. 1,00,000/- which has been agreed to be paid as per settlement, has been made good. The complainant is entitled to the release of the sum of Rs. 90,000/- in deposit in C.C.No.309/2010 on the file of the JMFC., at Sagar.
The prayer of the parties in the joint memo, keeping in view the nature of the offence committed, is compoundable. Hence, the prayer is accepted and the parties are permitted to compound the offence.
In the result, petition is allowed in part. While maintaining the order of conviction, the sentence imposed on petitioner is modified. He is sentenced to pay fine amount of Rs. 1,00,000/-, which is to be paid to respondent/complainant being the compensation towards claim made under Ex.P1. Since the agreed amount has been paid, in the manner noticed supra, petitioner need not have to undergo any custodial sentence.
The amount in deposit in the Trial Court be released in favour of the original complainant.