JMJ AGRO EXPORTS Vs. ABC ENTERPRISES

JUDGEMENT

(1.) The petitioner and the respondent have filed a joint memo, which is treated as an application under Sec. 147 of Negotiable Instruments Act, 1881. It is stated in the joint memo that the parties have settled the dispute for a sum of Rs.7,20,000.00 as full and final settlement of the amount payable under the cheque in question. The petitioner has handed over a demand draft for a sum of Rs.7,20,000.00, which is acknowledged by the respondent.

(2.) In view of the same, the joint memo is accepted and the revision petition is allowed. The offence committed by the petitioner under Sec. 138 of Negotiable Instruments Act, 1881 is compounded. Consequently, the judgment of conviction dtd. 30/11/2021 passed by XXIII Additional Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City in C.C.No.7364/2019 and the consequent sentence is set aside. The judgment of LVIII Additional City Civil and Sessions Judge (CCH-59), Bengaluru City dtd. 6/7/2022 in Crl.Appeal No.1182/2021 is also set aside.

(3.) If the petitioner is arrested pursuant to any warrant of arrest to execute the order of sentence dtd. 30/11/2021 passed by XXIII Additional Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City in C.C.No.7364/2019, he shall be forthwith released. Office is directed to issue appropriate communication to the jail authorities.