A SOLOMON Vs. USHA U RAO

JUDGEMENT

(1.) RESPONDENT filed a complaint under S.200 of the Code of Criminal Procedure against petitioner alleging commission of an offence under S.138 of the Negotiable Instrument Act ("the Act" for short). It was stated therein by complainant that, petitioner borrowed from her Rs.5,00,000/- during the first week of November, 2005 and in discharge of the said liability, issued a cheque dated 28.12.2005 drawn on ICICI Bank Ltd., Bangalore Branch, for Rs.5,00,000/-, which on presentation was not honoured by the bank and was returned with an endorsement as 'payment stopped by drawer'. A demand notice was served and the cheque amount was not paid. Petitioner who was arrayed as accused in the said complaint appeared through his counsel and pleaded not guilty. Complainant deposed as PW.1 and Exs.P1 to P10 were marked. Statement of the petitioner was recorded and he also got himself examined as DW.1 and marked Exs.D1 and D2. Learned Magistrate having regard to the rival contentions and record of the case, found that petitioner herein has committed the offence under S.138 of the Act and as a result, passed an order of conviction under S.255(2) of the Code of Criminal Procedure ("Cr.P.C." for short) and sentenced to pay fine of Rs.6,00,000/-, in default, to undergo simple imprisonment for 6 months. The complainant was held entitled to receive Rs.5,00,000/- out of the fine amount.

(2.) FEELING aggrieved, petitioner filed an appeal under S.374 Cr.P.C. in the Sessions Court. The matter having been assigned to the Fast Track Judge, upon consideration of the rival contentions, the appeal having been found to be devoid of merit was dismissed by a judgment dated 21.10.2008. The conviction and sentence imposed by the learned Magistrate were upheld. This revision petition is directed against the said order and the judgment.

(3.) SINCE the parties have settled the dispute in keeping with the spirit of S.147 of the Act, I allow the parties to compound the offence and a result, set aside the judgment and order impugned in this revision petition passed by the Courts below and acquit petitioner of the charges against him. Respondent is at liberty to encash the Demand Draft delivered to her and the Trial Court is directed to release Rs.1,50,000/- lying in deposit to the complaint/respondent herein. The bail bonds executed in the matter by petitioner and the sureties are hereby cancelled.