Settlement Reached: Accused Acquitted and Case Closed After Compromise Agreement in Criminal Review Case. The Crim. Rev. Case was disposed of following a compromise agreement between the accused and the complainant. Initially convicted under Sec. 138 of the ...
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Settlement Reached: Accused Acquitted and Case Closed After Compromise Agreement in Criminal Review Case.
The Crim. Rev. Case was disposed of following a compromise agreement between the accused and the complainant. Initially convicted under Sec. 138 of the N.I. Act, the accused's appeal was dismissed. However, the parties reached a settlement, leading to the accused paying a compounding fee. The court accepted the compromise, acquitted the accused, and closed all pending petitions, setting aside the appellate court's judgment.
Issues involved: The case involves a petition seeking to dispose of a Criminal Revision Case based on a compromise agreement between the accused and the complainant.
Details of the Judgment:
Issue 1: Conviction under Section 138 of Negotiable Instruments Act The complainant filed a private complaint against the accused for dishonoring a cheque issued for an amount borrowed by the accused. The trial court convicted the accused under Section 138 of the N.I. Act and sentenced him to imprisonment and a fine. The appellate court upheld the conviction and sentence.
Issue 2: Appeal and Revision The accused appealed the trial court's judgment, which was dismissed by the appellate court. Subsequently, the accused filed a revision petition challenging the appellate court's decision.
Issue 3: Compromise and Settlement Both parties reached a compromise and entered into an Agreement/MOU, leading to the accused paying 15% of the cheque amount as a compounding fee as per the guidelines set by the Supreme Court. The terms of the compromise were accepted by the court, resulting in the disposal of the Criminal Revision Case and acquittal of the accused under Section 138 of the N.I. Act.
Conclusion: The court allowed the petition, setting aside the appellate court's judgment and confirming the trial court's decision. The accused was acquitted based on the compromise agreement, and all pending petitions were closed.
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