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2023 DIGILAW 532 (KAR)

Harshith T. v. K. Shashidhara

2023-03-30

S VISHWAJITH SHETTY

body2023
JUDGMENT/ORDER S Vishwajith Shetty, J. - This Criminal Revision Petition is filed under Section 397 of Cr.P.C. by the accused challenging the judgment and order of conviction and sentence dated 02.03.2020, passed in C.C. No.1202/2018, by the Senior Civil Judge and JMFC, Sullia, Dakshina Kannada, which has been confirmed in Crl.A.No.5009/2021 by the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru sitting at Puttur, Dakshina Kannada dated 20.07.2022. 2. Learned counsel for the parties at the inception jointly submit that the dispute between the parties has been amicably settled during the pendency of this revision petition and towards full and final settlement of the amount covered under cheque in question, the respondent/complainant has agreed to receive a sum of Rs.75,000/- and the said amount has already been paid to the respondent on 17.03.2023, by the petitioner. 3. They submit that having regard to the said settlement, an application under Section 147 of Negotiable Instruments Act, 1881 ('N.I. Act' for short) is filed seeking permission of this Court to compound the offence for which the petitioner has been convicted and sentenced by the Courts below. 4. Learned counsel for the respondent/ complainant acknowledges the receipt of Rs.75,000/- from the petitioner. He further submits that during the pendency of this Criminal Revision Petition, the petitioner has been taken to custody by the Trial Court on 02.02.2023. 5. Having regard to the settlement arrived at between the parties, they are permitted to compound the offence for which the petitioner was convicted and sentenced by the Courts below and accordingly, the following: ORDER (i) This criminal revision petition is allowed in terms of the memorandum of settlement filed by the parties under Section 147 of the N.I. Act seeking permission of this Court to compound the offence under Section 138 of N.I. Act for which the petitioner has been convicted and sentenced by the Courts below. (ii) Consequently, the judgment and order of conviction and sentence dated 02.03.2020, passed in C.C. No.1202/2018, by the Senior Civil Judge and JMFC, Sullia, Dakshina Kannada, which has been confirmed in Crl. A. No.5009/2021 by the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru sitting at Puttur, Dakshina Kannada dated 20.07.2022 are hereby set-aside and the petitioner is acquitted of the offence punishable under Section 138 of the N.I. Act. A. No.5009/2021 by the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru sitting at Puttur, Dakshina Kannada dated 20.07.2022 are hereby set-aside and the petitioner is acquitted of the offence punishable under Section 138 of the N.I. Act. (iii) Having regard to the order passed by this Court in this Criminal Revision Petition acquitting the petitioner for the offence punishable under Section 138 of N.I. Act, the Trial Court is directed to release the petitioner forthwith. (iv) Registry is directed to return the Trial Court Records forthwith.