(1.) The revision petitioner has been convicted for the offence punishable under Sec. 138 of Negotiable Instrument Act (hereinafter referred to as ' N.I. Act ', for brevity) in Criminal Case No.518/2014 by judgment dtd. 4/10/2017 and sentence to undergo simple imprisonment for a period of six months and to pay fine of Rs.2,55,000.00 in default to undergo simple imprisonment for a period of two months. The revision petitioner has challenged the same in Criminal Appeal No.34/2017 and the same came to be dismissed by the Principal Judge Family Court, Gadag by judgment dtd. 18/8/2021. The revision petitioner has challenged the said judgments in the instant petition.
(2.) An application is filed under Sec. 320(1) of Cr.P.C. read with Sec. 147 of N.I. Act. The said application is signed by the revision petitioner, respondent and their respective counsel. The petitioner, respondent and their respective counsel are present before this Court. The petitioner and respondent were submits that the matter is settled for Rs.1,25,000.00. The petitioner has deposited Rs.25,000.00 on 13/11/2017 and Rs.1,00,000.00 before the I Additional Civil Judge and JMFC I Court, Gadag in Criminal Case No.518/2014.
(3.) The petitioner has no objection for withdrawal of the said amount by the respondent.