1.

Heard Shri Udaya Shankar Rai.P., learned counsel

for the petitioner and Shri Maruthi.G.B., learned counsel for the

respondent.

2. Both learned counsels submit that the parties have

settled the dispute amicably and filed a Joint Memo of even

date. The joint memo is taken on record.

3. The petitioner and the respondent are present and

are identified by their respective counsels. The respondent

acknowledges receipt of cash of Rs.75,000/- (Rupees Seventy

Five Thousand only) from the petitioner. The Joint Memo is duly

signed by the petitioner, the respondent and their respective

counsels. Para Nos.2 and 3 of the joint memo read thus:

“2.

On the intervention of well wishers, both

the parties have settled the dispute involved in this

Revision Petition as in the manner detailed hereinbelow-

i)

The

petitioner

has

paid

a

sum

of

Rs.75,000/- (Rupees seventy five thousand

only) by cash to the respondent on this

day.

- 3 -

ii)

The petitioner has no objection for the

respondent to withdraw the amount a sum

of Rs.25,000/- deposited on 27.02.2020 &

a sum of Rs.1,00,000/- deposited on

27.04.2023, totally Rs.1,25,000/- (Rs one

lakh twenty five thousand only) before the

Principal Civil Judge and JMFC, Harihara, in

CC 1612/2016].

3.

The

Respondent

thus

accepts

and

acknowledges a total sum of Rs.2,00,000/- (Rupees

Two Lakh Only) as full and final settlement of the

entire dischargeable debts involved in this matter as

against the total compensation of Rs.2,55,000/-.”

4.

In terms of the averments stated above, the parties

have settled the matter amicably and sought to dispose of the

matter as per the terms and conditions stated above. Their

submission is placed on record.

5.

On perusal of the above said terms and conditions

and also considering the offence which is punishable under

Section 138 of the N.I. Act, which is compoundable in nature,

there is no embargo to this Court to record the compromise in

terms as stated supra.

6.

Accordingly, I proceed to pass the following:

- 4 -

ORDER

(i)

The Criminal Revision Petition stands disposed of

in terms of the compromise.

(ii)

The judgment of conviction and order of

sentence

dated

29.01.2020

passed

in

C.C.No.1612/2016 by the learned I Additional

Civil Judge and J.M.F.C. (Jr. Dn.), Harihara and

its confirmation judgment and order dated

25.01.2023 passed in Crl.A. No.11/2020 by the

learned I Additional District and Sessions Judge,

Davanagere, are set aside.

(iii)

The petitioner / accused is acquitted for the

offence

punishable

under

Section

138

of

Negotiable Instruments Act.

(iv)

The Trial Court is directed to release the amount,

which is deposited by the petitioner / accused, if

any, in favour of the respondent / complainant

forthwith,

on

proper

identification

and

on

production of certified copy of the order of this

Court.

- 5 -

(v)

Bail bond executed, if any, stands cancelled.

(vi)

Shri Maruthi.G.B., learned counsel, has filed

vakalath for the respondent. Learned counsel is

permitted to carry out the amendment in the

vakalath.

Sd/-

JUDGE

BSS

List No.: 1 Sl No.: 12