Petitioner/accused has preferred this petition to quash

the proceedings pending against him in C.C.No.1113/2017 on

the file of the Court of JMFC-I, Hubballi, initiated for an offence

punishable under Section 138 of the Negotiable Instruments

Act (for short ‘the N.I.Act’).

2.

A cheque bearing No.571096 dated 28.11.2016

drawn on Karnataka Bank for a sum of Rs.2,37,000/- issued by

the petitioner/accused to the respondent/complainant towards

a legally enforceable debt came to be dishonoured for ‘funds

insufficient’ and it is averred that in spite of issuing legal notice

calling upon the accused to honour the cheque, he did not

repay the amount and therefore, he committed an offence

under Section 138 of N.I. Act.

3.

A compromise petition has been filed, signed by the

respective parties as well as the learned counsel appearing for

both the parties.

- 3 -

4.

It is stated that the parties have amicably settled

the dispute on the following terms:

“7.

During pendency of the above proceedings, the

Petitioner and Respondent have amicably settled the

dispute with the intervention of elders and their well-

wishers on following terms:

i.

The Respondent/Complainant has agreed to give up

his claim in respect of the Cheque 571096 dated

28/11/2016,

by

accepting

a

total

sum

of

Rs.2,00,000/-

(Two

Lakh

rupees)

from

the

Petitioner as full and final payment.

ii.

The Petitioner/accused has paid Rs.2,00,000/-

(Rupees Two Lakhs only) by way of Demand Draft

dated

23/01/2023

bearing

Demand

Draft

No.501133, drawn in ICICI Bank, Sindhanur Branch

and

the

Respondent/Complainant

has

acknowledged receipt of the same.

iii.

In

view

of

above

compromise

Complainant/Respondent

shall

withdraw

C.C.No.1113/2017 pending on the file of Hon’ble

JMFC-I Court, Hubballi.”

5.

Both the parties are present before the Court. The

matter has been settled for a sum of Rs.2,00,000/-. A Demand

Draft bearing No.501133 dated 23.01.2023 for a sum of

Rs.2,00,000/- drawn on ICICI Bank, Sindhnur branch, has been

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handed over to the respondent/complainant and the same has

been acknowledged by him, who is present before the Court.

6.

It is submitted by the learned counsel for petitioner

that the petitioner is a bonafide litigant and on his own volition,

he has come forward to settle the dispute. He therefore, seeks

to impose minimal cost.

7.

During the pendency of the case before the trial

Court, the parties have come forward to settle the dispute.

There is no adverse order passed against the petitioner by the

trial Court. Considering the same, this Court is of the view that

a sum of Rs.10,000/- may be imposed as cost on the

petitioner/accused, to meet the ends of justice.

8.

Hence, the following:

ORDER

i)

Petition is allowed,

ii)

The

entire

proceedings

in

C.C.No.1113/2017

pending on the file of the Court of JMFC-I, Hubballi,

against the petitioner is quashed,

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iii)

The petitioner shall pay a sum of Rs.10,000/-

(Rupees ten thousand only) towards cost, which

shall be deposited with the District Legal Services

Authority, Dharwad and he shall file the receipt for

having deposited the said amount, before the

registry of this Court within a period of 15 days

from today.

Pending IA-1/2022 is disposed of.

(Sd/-)

JUDGE

JM

List No.: 1 Sl No.: 54