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Judgment
4 paragraphs · 281 wordsA.N. Venugopala Gowda
Respondent prosecuted the petitioner for an offence u/s 138 of N.I. Act. Trial Court found the petitioner guilty of the offence u/s 138 of N.I. Act. Petitioner was convicted and sentenced to pay fine of 225,05,000/-. When the fine is realised, 225,00,000/- was ordered to be paid 1-r. the complainant as compensation u/s 357 Cr.P.C. Accused-petitioner questioned the said judgment and order of sentence imposed, in a Criminal appeal. The Appellate Court dismissed the appeal. Feeling aggrieved, accused filed this Criminal Revision Petition. Matter was heard in part on 02.08.2012 and was adjourned to today.
Learned Advocates appearing on both sides submit that the parties have entered into a settlement and they seek permission to compound the offence. A memorandum of compromise petition entered into between the parties, which has been signed by the parties and their learned Advocates is presented. The parties are present before the Court. They are identified by their learned Advocates. The parties submit that they have entered into a settlement and the terms which have been mutually agreed have been put into writing in the memorandum of compromise petition. The offence committed is compoundable. Since the parties have entered into a settlement, the parties arc permitted to compound the offence. The compromise petition filed by the parties is placed on record. Petitioner to act in terms of the compromise petition and ensure that the cheques issued by him for payment of 212,00,000/- are honoured by his Bank on the due dates. Sum of 26,25,000/- which is in judicial deposit, pursuant to the order passed in Crl.A. No. 589/2011, be released in favour of the original complainant.
Matter stands disposed of accordingly.