MITHRA ASSOCIATES DEVELOPERS, PLANTERS PRIVATE LIMITED v. POOJAPPA
2009-11-12
JAWAD RAHIM
body2009
DigiLaw.ai
ORDER The learned Counsel for petitioner and learned Counsel for respondent are present. 2. Both sides file an application under Section 147 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act') reporting settlement between the parties and seek permission to compound the offence. 3. Considering the nature of proceedings and the terms agreed upon permission is granted. The offence punishable under Section 138 of the NI Act is compounded. As envisaged under sub-section (8) of Section 320 of the Criminal Procedure Code, 1973, it shall have the effect of acquittal of the accused. 4. In these terms the revision is disposed of. ORDER ON 'FOR BEING SPOKEN TO' Heard 2. This petition has been disposed of granting permission to compound the offence by the order dated 12-11-2009. It is posted on the request of the learned Counsel for being spoken to. 3. Learned Counsel submits that, though the petition is disposed of the amount in deposit is still not released as there is no specific order about the same. 4. There need be no further modification to the order passed on 12-11-2009 as the petition has already been finally disposed of. However as regards amount in deposit is concerned, the Trial Court will have to disburse the same to the person entitled to. Undoubtedly, it is the complainant. 5. Hence, it is made clear the respondent-complainant is entitled to withdraw the amount in deposit. The Trial Court is directed to pass appropriate orders.