R. RAJANNA Vs. SRI. M. KRISHNA

JUDGEMENT

(1.) The petitioner is convicted by the trial Court for the offence punishable under Section 138 of Negotiable Instrument Act. An application signed by both the parties and learned counsel under Section 147 of NI Act is filed and the same reads thus:

(2.) . " The petitioner has filed the above petition against the order of conviction dated 11.01.2016 passed by the learned XX Addl. -3- Chief Metropolitan Magistrate, Bengaluru in CC No.28308/2014 which is confirmed by the learned Sessions Judge (CCCH No.61) on 15.04.2017 in Cr. Appeal No.149/2016. The petitioner and the respondent submits that the cheque amount involved in the above case is for Rs.3,00,000/- and a sum of Rs.4,10,000/- is ordered to be paid as fine amount out of which a sum of Rs.4,00,000/- is ordered to be paid to the respondent as compensation and remaining sum of Rs.10,000/- is ordered to be defrayed to the State for the expenses incurred in the prosecution. The petitioner has deposited the sum of Rs.61,500/- in the trial Court as ordered by the lower appellate Court while admitting the appeal vide receipt Q No. /2016-17 dated ...... a copy of the receipt is also produced.

(3.) The petitioner has no objection for payment of the sum of Rs.51,500/- now in deposit in the trial Court to the respondent. The petitioner has paid the sum of Rs.15,000/- to the respondent through DD No.020314 dated 15.09.2017 issued by the National Co-Operative Bank Ltd., Bengaluru and with the receipt of the above sum along with the deposited sum of Rs.51,500/- the respondent admits and acknowledge the receipt of the total sum of Rs.66,500/- from the petitioner however, subject to the payment of the same by the Court below.