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2016 DIGILAW 732 (KAR)

T. Sujatha v. J. L. Panduranga

2016-10-03

RATHNAKALA

body2016
ORDER : Rathnakala, J. 1. Both the parties are present before the Court and files application under Section 147 of the Negotiable Instruments Act, 1881, duly signed by both the parties and their learned Counsels. 2. On the complaint of the respondent herein, the trial Court convicted the revision petitioner in respect of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The order of conviction was affirmed by the lower appellate Court. 3. The compromise petition reads as under: "The petitioner submits as under: 1. The petitioner/accused has preferred the above said revision petition being aggrieved by the order dated 4.2.2016 passed in Criminal Appeal No. 16/2014, by the Hon'ble 1st Addl. District & Sessions Judge, Chitradurga, who was pleased to dismiss the said appeal by confirming the order passed in C.C. No. 555/2012 by Hon'ble Civil Judge & JMFC, Molakalmuru, vide order dated 4.2.2016, who was convicted the petitioner under Section 138 of Negotiable Instruments Act, sentencing her to pay fine of Rs. 1,85,000/-, in default of payment of fine she was directed to suffer simple imprisonment for a period of 6 months. 2. It is submitted than now petitioner and respondent herein at the instance of well-wishers have compromised in the above said matter. The respondent in lieu of compromise has received amount of Rs. 1,65,000/- (Rupees One lakh sixty-five thousand only) towards full and final settlement due to him in the above said matter and has no other claim. Hence respondent is praying permission of this Hon’ble Court to permit him to compound the offence under Section 138 of Negotiable Instruments Act. WHEREFORE, petitioner and respondent most humbly prays this Hon’ble Court be pleased to set-aside the order of conviction passed against petitioner in Criminal Appeal No. 16/2014, before the Hon'ble 1st Addl. District & Sessions Judge, Chitradurga, who was pleased to dismiss the said appeal on 4.2.2016 by confirming the order dated 24.1.2014 passed in C.C. No. 555/2012 passed by Hon'ble Civil Judge & JMFC, Molakalmuru, for offence punishable under Section 138 of the Negotiable Instruments Act, sentencing her to pay fine of Rs. 1,85,000/- in default of payment of fine she was directed to suffer simple imprisonment for a period of 6 months, and be pleased to permit the petitioner and respondent named above to compound the above offence under Section 138 of Negotiable Instruments Act, in the interest of Justice." 4. 1,85,000/- in default of payment of fine she was directed to suffer simple imprisonment for a period of 6 months, and be pleased to permit the petitioner and respondent named above to compound the above offence under Section 138 of Negotiable Instruments Act, in the interest of Justice." 4. As per the contents of the application, the respondent/complainant is in receipt of Rs. 1,65,000/- towards full and final settlement of all the dues from the petitioner/accused. 5. In view of the above circumstances, the revision petition is allowed. The order of conviction passed by the Civil Judge and JMFC, Molakalmuru, in C.C. No. 555/2012 vide dated 24.1.2014, which was affirmed by the 1st Addl. District and Sessions Judge, Chitradurga, in Crl. A. No. 16/2014 vide dated 4.2.2016 is set aside. The petitioner/accused is acquitted of the charges under Section 138 of Negotiable Instruments Act, 1881. In view of disposal of the main petition, I. A. No. 2/2016 will not survive. Hence, it is disposed of.