S.UB EDULLA Vs. P.GOPAL SHETTY

JUDGEMENT

(1.) The revision petitioner has been convicted for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 and sentenced to pay fine of Rs.2,25,000.00 and in default to undergo simple imprisonment for a period of one year by a judgment dtd. 23/4/2021 by the learned III Additional Civil Judge and JMFC, Ballari. The revision petitioner challenged the same in Criminal Appeal No.23/2021 and the same came to be dismissed by learned IV Additional District and Sessions Judge (Commercial Court), Ballari by order dtd. 19/4/2022. The revision petitioner has challenged the said judgments in the present revision petition.

(2.) A joint memo is filed under Sec. 147 of Negotiable Instruments Act, 1881 read with Sec. 320 of Code of Criminal Procedure and it bears signature of revision petitioner and the respondent and their respective counsel. The revision petitioner is stated to be in judicial custody and he has affixed his signature in the presence of Assistant Superintendent Central Prison, Ballari and there is an endorsement to that effect in the joint memo.

(3.) The matter is settled for Rs.2,25,000.00. Out of that, the revision petitioner has already deposited a sum of Rs.45,000.00 before the IV Additional District and Sessions Judge (Commercial Court), Ballari in Criminal Appeal No.23/2021. The balance amount of Rs.1,80,000.00 is to be paid by the revision petitioner to the respondent today. The son of the revision petitioner by name Mohammad Shareef is present before the Court and he makes payment of Rs.1,80,000.00 by cash to the respondent. The respondent admits the receipt of Rs.1,80,000.00 by cash. The revision petitioner has no objection for respondent to withdraw an amount of Rs.45,000.00 deposited by the revision petitioner.