MALAGOUDA Vs. VEERASHAIVA URBAN

JUDGEMENT

(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 C.C. No.674/2019 by judgment dtd. 27/1/2020 passed by the J.M.F.C. VII, Belagavi and sentenced to pay fine of Rs.8,98,000.00 in default to undergo simple imprisonment for a period of six months. The revision petitioner/accused challenged the said judgment before the learned VI Additional District and Sessions Judge, Belagavi in Criminal Appeal No.89/2021 and the same came to be dismissed by judgment dtd. 30/10/2021. The revision petitioner/accused challenged the aforesaid judgments in the instant revision petition.

(2.) An application for compounding under Sec. 147 of N.I. Act read with Ss. 320 and 482 of Cr.P.C. is filed. The revision petitioner/accused is present and he is identified by his counsel who is present before this Court. One Vinayak Suresh Mannannavar, C.E.O. of the respondent/Society is present and as per the resolution dtd. 13/2/2021, he is authorized to represent the respondent/Society, copy of which is enclosed to the application.

(3.) The said compounding application is supported by verifying affidavits of the revision petitioner and the said Vinayak Suresh Mannannavar. The said compromise petition is signed by the said two persons. The said Vinayak Suresh Mannannavar is identified by his counsel who is present before this Court. The matter between the revision petitioner and the respondent is settled for a sum of Rs.15,75,000.00. The revision petitioner has deposited Rs.4,48,500.00 and he has no objection for respondent/Society to withdraw the same. The revision petitioner/accused hands over the demand draft for Rs.7,00,000.00 bearing No.583052 dtd. 30/8/2022 drawn on Karnataka Vikas Grameen Bank, Belagavi and the respondent's representative accepts the same. The revision petitioner has undertaken to pay balance sum of Rs.4,26,500.00 on or before 31/12/2022. The said terms of settlement are authorized by the board resolution of the respondent dtd. 20/8/2022, copy of which is enclosed to the application. The revision petitioner and the respondent's representative submit that compromise is through their free will and not by any force or fraud or undue influence.