Naveen Ahamed S/o K. H. Fiaz Ali v. B. C. Nanda S/o Late Sri B. S. Chengappa
2020-03-20
MOHAMMAD NAWAZ
body2020
DigiLaw.ai
ORDER : 1. Heard the learned counsel appearing for the accused/petitioner and perused the material on record. 2. The trial Court in C.C.No.146/2005 by judgment and order dated 06.03.2010 convicted the accused for an offence punishable under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.3,70,000/in default, to undergo simple imprisonment for a period of three months. Aggrieved by the said order passed by the trial Court, the accused preferred Crl.A.No.25/2010 on the file of the Court of Principal District and Sessions Judge, Hassan. A memo was filed before the Sessions Court by the learned counsel for both the parties stating that the dispute between the parties has been amicably settled. In view of the said memo, the appeal was dismissed as not pressed. 3. The learned counsel for the petitioner submits that the parties have settled the matter when the appeal was pending before the Sessions Court and to that effect memo was filed. However, inadvertently when the appeal was dismissed as not pressed, the Learned Sessions Judge has not set aside the sentence of imprisonment passed against the petitioner by the trial Court. He submits that if revision petition is not allowed then the same will lead to miscarriage of justice. Accordingly, he seeks to allow the revision Petition. 4. Perusal of material on record discloses that a memo dated 10.05.2012 was filed before the Sessions Court, signed by both the learned counsel as well as the complainant and the accused. In the memo, the complainant has stated that he has nothing to receive from the accused in respect of the above case as the dispute is amicably settled between the appellant and respondent in the said appeal. Hence, it is seen that the parties have settled the matter and the complainant has received the entire amount. The same amounts to compounding of the offence. The learned Sessions Judge has also observed that as per memo, the matter is settled out of Court. 5.
Hence, it is seen that the parties have settled the matter and the complainant has received the entire amount. The same amounts to compounding of the offence. The learned Sessions Judge has also observed that as per memo, the matter is settled out of Court. 5. Considering that the parties have already settled the matter by filing a memo dated 10.05.2012 before the Sessions Court and considering the facts and circumstances of the case and to meet the ends of justice, the impugned judgment dated 06.03.2010 passed in C.C.No.146/2005 on the file of the Court of Civil Judge (Jr.Dn) & JMFC, Alur, is hereby set aside. The accused/ petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act, 1881. Revision Petition is allowed.