M.N.GANESH KUMAR Vs. HONNAGIRI GOWDA

JUDGEMENT

(1.) RESPONDENT filed complaint against the petitioner under Section 200 Cr.P.C. alleging commission of an offence under Section 138 of N.I. Act. Cognizance was taken, case was registered and process was issued. Accused, upon appearance, pleaded not guilty, when the accusation was put to him. Complainant deposed as PW.1 and produced the documents, which were marked as Exs.P-1 to P-12. Accused was examined under Section 313 Cr.P.C. Later, he deposed as DW.1 and examined six witnesses as DWs 2 to 7 and marked Exs.D-1 to D-4. Learned Magistrate found the accused guilty and by a judgment dated 25.01.2008, passed in C.C.No.1763/2006, convicted the accused for the offence under Section 138 of N.I. Act and sentenced him to pay fine of Rs.2,05,000/-, in default, to undergo simple imprisonment for a period of three months. Rs.2,00,000/-, out of the fine amount, when realised, was directed to be paid to the complainant as compensation.

(2.) FEELING aggrieved, accused filed Crl.A.No.29/2008, in the Sessions Court at Mandya. On 23.06.2009, the parties through their learned Advocates filed a joint memo. In terms of the said memo, the appellant-accused agreed to pay Rs.1,60,000/-, as full and final settlement of the claim made by the complainant based on Ex.P-1/cheque. Rs.25,000/- was paid to the complainant on 25.08.2009, which has been acknowledged by the complainant in the order sheet of the appellate Court. However, taking note of the submission made by learned Advocate for the respondent in the appeal, the learned Appellate Judge, on 07.09.2009, posted the matter for hearing of arguments and the arguments having been heard, appeal was dismissed on 25.09.2010. FEELING aggrieved, accused has filed this criminal revision petition.