T.N. KALEEMULLA Vs. D. KEVALCHAND

JUDGEMENT

(1.) Present revision petition is filed in terms of Sec. 397 of Cr.P.C. challenging the judgment of conviction passed in C.C. No. 473/2009 (old No. 2593/06) and the affirmation of the same in Crl. A. No. 24/2010. Revision petitioner was the accused in the said complaint filed for the offence punishable under Sec. 138 of N.I. Act. Respondent herein was the complainant in the said case.

(2.) Parties shall be referred to as complainant and accused as per their ranking in the trial Court.

(3.) The case of the complainant is that he had filed a criminal case against this petitioner and other two persons who were the partners of the firm run under the name and style of M/s. T.N.B Fruits Company' at Davanagere. The said case was registered in C.C. No. 2115/2000 on the file of the II JMFC Court, Davanagere. After contest, accused and two others were convicted, as against which, an appeal was filed before the Session Court in Crl. A. No. 76/2005. During the pendency of the said criminal appeal, the parties compromised the matter by issuing six post dated cheque for Rs. 20,800/ - and one cheque of Rs. 15,000/ -. On the basis of the joint memo filed by the parties with reference to these cheques, accused and two others were acquitted.