2021 (1) TMI 852

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....e under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the "N.I. Act") and was sentenced to pay a fine of Rs. 5,000/- and in default, to undergo simple imprisonment for a period of six months. He was also directed to pay the cheque amount to the complainant as compensation. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.107/2009 in the Court of the Fast Track-III at Tumkur (hereinafter for brevity referred to as the "Sessions Judge's Court"), which by its impugned judgment dated 30-07-2011 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court. Aggrieved by the impugned judgments and order on sentence, th....

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....ng the settlement of the matter between the parties. 6. In the joint memo filed on behalf of the petitioner and respondents by their respective counsels, they have stated that the parties have amicably settled the matter at the intervention of the family members and the well wishers. A particular agreed sum, which is Rs. 2,00,000/- (Rupees Two Lakhs Only) is said to have been paid by the accused to the complainant towards settlement. In view of the same, apart from seeking permission to compound the offence under Section 147 of the N.I. Act, they have jointly prayed to set aside the judgment of conviction and order on sentence passed by the Trial Court and confirmed by the learned Sessions Judge's Court. They have also prayed for ref....

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....owing:- ORDER [i] The joint memo (which is in the form of application) filed by the petitioner's side under Section 147 of the Negotiable Instruments Act, 1881, is allowed; [ii] The parties to the present petition are permitted to compound the offence, however, subject to the petitioner herein (accused) paying a sum of Rs. 48,000/- (Rupees Forty Eight Thousand Only) towards graded cost in the registry of this Court, within a period of ten days from today; [iii] Subject to the payment of graded cost, the judgment of conviction and order on sentence dated 03- 08-2009, passed by the learned Civil Judge (Jr.Dvn.) and J.M.F.C. at Sira, in C.C.No.544/2004 is set aside and consequently, the judgment dated 30-07-20....