VALLABH K VARAK Vs. SURENDRA NAIK

JUDGEMENT

(1.) This revision application is directed against the judgment and order dated 30.8.2013 passed by the learned Additional Sessions Judge, FTC-II, South Goa, Margao,("Appellate Court", for short) in Criminal Appeal No. 79/2012, by which the conviction and sentence imposed upon the petitioner, by the learned Judicial Magistrate, First Class, ("J.M.F.C." for short), by Judgment dated 31.7.2012 and 9.8.2012, in Criminal Case No. 30/OA/NI/2010/I has been maintained. The respondent no.1 was the complainant in the said Criminal Case which was filed by him against the petitioner/accused under Section 138 of the Negotiable Instruments Act, 1881, ("N. I. Act" for short).

(2.) The petitioner/accused has been held guilty of the offence under Section 138 of the N. I. Act and the accused sentenced to undergo three months simple imprisonment and to pay compensation of Rs. 2,60,000/- to the complainant and in default to undergo simple imprisonment for four months. Against the said judgment, order and sentence of the learned J.M.F.C., the said Criminal Appeal no. 79/2012 was filed by the accused and by judgment dated 30.8.2013 the said appeal was dismissed by the learned Appellate Court. It is against the said judgment of the Appellate Court that the present revision application has been filed.

(3.) Parties have amicably settled the matter and have today filed the application for leave to compound the offence under Section 138 of the N. I. Act, according to settlement terms as stated in the application, which are as under:-