ABDUL GAFFAR Vs. BHASKAR H.N.

JUDGEMENT

(1.) The petitioner has challenged the judgment of conviction dtd. 3/9/2018 passed by the VI Additional Civil Judge and JMFC, Hassan (henceforth referred to as 'Trial Court' for short) in C.C.No.880/2017 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 and consequent sentence to pay fine of Rs.4,15,000.00. The petitioner has also called in question the judgment dtd. 19/1/2019 passed by the V Additional District and Sessions Judge, Hassan, in Crl.A.No.242/2018 by which, the judgment of conviction passed by the Trial Court was upheld.

(2.) When this revision petition was listed for admission, the parties have filed an application (I.A.No.1/2023) under Sec. 147 of the Negotiable Instruments Act, 1881, in terms of which, the respondent has no objection to compound the offence committed by the petitioner under Sec. 138 of the Negotiable Instruments Act and that the petitioner has agreed to pay and the respondent has agreed to receive a sum of Rs.3,50,000.00 towards full and final settlement of the amount payable under the cheque in question. The petitioner submits that he has no objection for release of the sum of Rs.2,07,500.00 deposited by him before the Trial Court and that the balance sum of Rs.1,42,500.00 shall be paid within a period of four months from today.

(3.) Since the compromise entered into between the parties is just and proper, application (I.A.No.1/2023) filed by the petitioner and the respondent is allowed, subject to compliance of the said terms.