H. B. PRABHAKARA SASTRY
Siddaramaiah – Appellant
Versus
S. v. Narendra – Respondent
ORDER
1. The present revision petition has been filed by the accused, challenging the judgment of conviction and order on sentence passed by the learned XIV Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru (hereinafter for brevity referred to as "the Trial Court") in C.C.No.52341/2013, holding the accused guilty for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the 'N.I. Act'), which was further confirmed by the Court of the learned XXVIII Additional City Civil Judge at Mayohall Unit (CCH-29), Bangalore, (hereinafter for brevity referred to as "the Sessions Judge's Court") in the appeal filed by him. Challenging the impugned judgments of conviction and order on sentence passed by both the Courts, the petitioner has filed the present revision petition.
2. Learned counsels from both side along with their respective clients, as identified by their learned counsels, are physically present in the Court.
3. Learned counsels from both side have filed a joint application - I.A.No.3/2022, under Section 147 of the N.I. Act, along with the affidavit of the petitioner. Both the parties have also filed a joint
Damodar S. Prabhu vs. Sayed Babalal H reported in AIR 2010 SC 1907
The court applied the principle of compounding the offence under Section 147 of the N.I. Act and the requirement of paying graded cost as per the guidelines set by the Supreme Court in Damodar S. Pra....
Compounding of the offence under Sec. 147 of the N.I. Act and the requirement for the accused to pay graded cost as per Damodar S. Prabhu v. Sayed Babalal H.
Compounding of the offence under Sec. 138 of the N.I. Act and the payment of graded cost by the accused.
Compounding of the offence under Section 138 of the N.I. Act is permitted, subject to the payment of graded cost as per the guidelines laid down by the Supreme Court.
Court allows compromise in cheque dishonor cases, emphasizing compensatory nature of proceedings, enabling discharge of accused on satisfactory compensation, and imposing costs where applicable.
Compounding of the offence under Section 138 of the N.I. Act and the imposition of costs for delayed composition.
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