ORDER :

The learned counsel from both side present physically in the Court. Both parties as identified by their respective counsels are also present before the Court.

2. At the request of learned counsel from both side, IA.No.1/2021 filed in Criminal Revision Petition No.745/2016, is disposed of as not pressed with liberty to file a similar application afresh.

3. Learned counsel from both side filed a joint application under Section 147 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as Rs. N.I.Act’) read with Section 320(6) and Section 320(8) of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as Rs. Cr.P.C.’) seeking permission to compound the Criminal Revision Petition No.745/2016 and also seeking dismissal of Criminal Revision Petition No.408/2016 in view of settlement arrived at between the parties.

4. The respondent in Criminal Revision Petition No.745/2016 is the complainant, who had instituted a private complaint against the petitioner in Criminal Revision Petition No.745/2016 arraigning him as accused in C.C.No.320/2014, in the Court of learned II Addl.Senior Civil Judge & J.M.F.C., Chikkamagaluru, (hereinafter for brevity referred to as Rs. trial Court’), for the offence punishable under Section 138 of N.I.Act. The same has resulted in the conviction of the accused for the alleged offence and an order of sentence was also passed accordingly. It is aggrieved by the same, both the complainant and the accused preferred Criminal Appeals, wherein the complainant’s appeal i.e., Criminal Appeal No.114/2015, in the Court of learned I Addl.Sessions Judge, Chikkamagaluru, seeking the compensation to the complainant which was not ordered by the trial Court though it had convicted the accused. However, the said appeal came to be dismissed by the Sessions Judge’s Court on 17.10.2015 as not maintainable. Aggrieved by the same, the complainant in the trial Court has filed Criminal Revision Petition No.408/2016 before this Court.

5. The Criminal Appeal No.104/2015 filed by the accused before learned II Addl.Sessions Judge, Chikkamagaluru, challenging his conviction by the trial Court for the offence punishable under Section 138 of N.I.Act also came to be dismissed confirming the judgment of conviction and order on sentence passed by the trial Court. Aggrieved by the same, the accused has preferred Criminal Revision Petition No.745/2016.

6. The respondent in both the matters are being represented by their counsels. Now both the parties through their counsels have filed an interlocutory application today jointly under Section 147 of N.I.Act read with Section 320(6) and Section 320(8) of Cr.P.C., wherein they have stated that they have arrived at a settlement, by virtue of which, the accused has paid a sum of Rs. 1,50,000/-in the form of Demand Draft in favour of the complainant. As such, both of them submitted that, by setting aside the judgment and conviction and order on sentence, the accused be acquitted of the alleged offence and also prayed for dismissal of Criminal Revision Petition No.408/2015 in view of the settlement between the parties. Learned counsels from both side make their submissions supporting the joint application and the joint affidavit of the parties.

7. The enquiry made with the parties who are physically present convinces the Court that both the parties out of their free consent and volition and in their best interest have settled the matter which is further corroborated by the submissions made by their learned counsels. As such, I am of the view that on the terms of the said joint application, the parties be permitted to compound the offence punishable under Section 138 of the N.I. Act, however, subject to the payment of the graded cost by the petitioner/accused.

8. Section 147 of the N.I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in the proceeding to compound the offence. However, at the same time, th