2021 (8) TMI 244

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Act') by its Judgment dated 22.12.2010 passed in C.C. No. 5261/2009 and was sentenced accordingly. The present respondent was the complainant before the Trial Court. 3. The summary of the case of the complainant in the Trial Court was that the accused towards the discharge of his liability had issued the cheque in question which was for a sum of Rs. 75,000/- which came to be dishonoured when presented for realisation. Though a notice was issued to the accused under Section 138 of the N.I. Act, since the accused failed to meet the demand made in the notice, same constrained the complainant to file a criminal case for the offence punishable under Section 138 of the N.I. Act. 4. Aggrieved by the order of conviction, the present petition....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iterated the contents of the application regarding the terms of the compromise and submitted that both the parties have settled the matter amicably as per which the petitioner has paid a sum of Rs. 54,000/- by cash to the respondent and remaining settlement amount of Rs. 21,000/- has to be released in favour of the respondent herein by the Trial Court which amount has been deposited by the petitioner (accused) in C.C. No. 5261/2009. 10. Upon hearing both side the Court is convinced that both parties have settled the matter amicably out of their own volition and free consent and without there being any coercion, fraud or misrepresentation and also keeping their best interest in consideration, as such, there is no reason for denying the perm....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ORDER The present revision petition stands disposed of with the following conditions: (i) The Joint application filed by both side under Section 147 of the Negotiable Instruments Act, 1881, is allowed and the parties to the present petition are permitted to compound the offence, however, subject to the petitioner herein (accused) paying a sum of Rs. 11,250/- (Rupees Eleven Thousand Two Hundred Fifty Only) towards graded cost. (ii) Subject to the payment of graded cost, the Judgment of conviction and Order on sentence dated 22.12.2010, passed by learned XII Addl. Chief Metropolitan Magistrate, Bengaluru in C.C. No. 5261/2009 and the Judgment passed by learned Addl. Sessions Judge, Fast Track Court - XIV, Bengaluru City in Crl.A. No. ....