JAYAMMA Vs. JAGADISH

JUDGEMENT

(1.) Thelearned counsel appearing for the petitioner/accused has filed an application under Sec. 147 of N.I. Act seeking permission to compound the offences punishable under Sec. 138 of N.I.Act in terms of the joint memo. Along with the application, the joint memo is filed and in terms of the joint memo, the respondent/complainant is permitted to withdraw the amount of Rs.10.00 lakh which is in deposit and the respondent has given consent to pass an order of acquittal for the offence punishable under Sec. 138 of N.I. Act. In the joint memo, the respondent agrees that he will enforce the decree passed in O.S.No.3511/2015 and pursuant to that decree, already an execution petition is filed in Ex.No.4393/2019 and the same is pending before the Court. In terms of the joint memo and also the reasons stated in the application, the parties are before the Court and submit that they are aware of the contents of the joint memo as well as the application filed along with the joint memo and the respective counsel are also attested the joint memo. Hence, the application is allowed and permitted to compound the offence under Sec. 138 of N.I. Act and accordingly, the petitioner is acquitted for the aforesaid offence. The respondent is permitted to withdraw the amount of Rs.10,00,000.00 which is in deposit in terms of compromise. With this observation, the petition is disposed of.