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2020 DIGILAW 1499 (KAR)

Ismail Abdul Lathif Mulla v. Abutalib M. Khan

2020-07-24

SHIVASHANKAR AMARANNAVAR

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ORDER : Learned counsel for the revision petitioner/accused and learned counsel for the respondent are present through video conference. 2. Respondent Sri.Abutalib M. Khan is present through video conference. 3. All of them submits that matter is settled for a sum of Rs.90,000/-(Ninety thousand only). Out of Rs.90,000/-, a sum of Rs.45,000/-has already been deposited by the revision petitioner before this Court on 12.04.2012. The petitioner is now ready to pay balance amount of Rs.45,000/-by way of demand draft bearing No.356730 dated 20.07.2020 drawn on Canara bank, Belagavi payable at Dandeli and it is drawn in favour of the respondent Sri. Abutalib M. Khan. 4. The learned counsel for the respondent submits that he will collect the said demand draft from the learned counsel for the petitioner. The learned counsel for the petitioner has agreed to hand over the said demand draft to the advocate for the respondent. Hence, matter is settled. 5. The offence punishable under Section 138 of NI Act is compounded. In view of the compounding of the offence, conviction of the petitioner for the offence punishable under Section 138 of NI Act in CC No.1079/2002 by Civil Judge (Junior division) Dandeli dated 12.12.2006 is set aside. 6. The respondent is permitted to withdraw the amount of Rs.45,000/-deposited in this Court along with accrued interest if any. 7. The Registry is directed to transfer the amount in deposit i.e. Rs.45,000/-along with accrued interest to the bank account of the respondent. 8. The learned counsel for the respondent is permitted to produce the bank details of the respondent along with identity proof. 9. The learned counsel for the respondent submits that he has no objection for petitioner withdrawing any amount deposited by the revision petitioner (accused) before Civil Judge (Junior Division) Dandeli in CC No.1079/2002. 10. In view of compounding of offence, the present revision petition is disposed off as compromised. 11. The learned counsel for the parties is permitted to file joint memo in office.