AND

CONVICTION

AND

SENTENCE

DATED

12.04.2019 PASSED BY THE III ADDITIONAL SESSIONS

JUDGE, SHIVAMOGGA IN CRL.A.NO.94/2018 AND CONVICTION

AND SENTENCE DATED:29.08.2018 PASSED BY THE JMFC-III,

SHIVAMOGGA IN C.C.NO.1254/2016 FOR THE OFFENCE P/U/S

Digitally

signed by

RENUKAMBA

K G

Location:

High Court of

Karnataka

- 2 -

138 OF N.I ACT BY ALLOWING THE ABOVE CRL.RP AND

CONSEQUENTLY ACQUIT THE PETTIONER.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

AND THE COURT MADE THE FOLLOWING:

ORDER

The

revision

petitioner/accused

and

respondent/complainant are present and their respective

counsels are also present. They submitted the application

under Section 147 of the Negotiable Instrument Act reporting

the compounding of the offence for total sum of Rs.1,75,000/-.

It is also submitted that the complainant has already received a

sum of Rs.87,500/- out of Rs.1,75,000/- settled between the

parties and balance of Rs.87,500/- deposited before the Court

is required to paid to the respondent-complainant.

2.

The contents of the compromise petition are read over

and explained to the parties in presence of the respective

counsels in Kannada Language known to them. They admitted

contents to be true and correct. I am satisfied that parties have

settled the dispute amicably without any threat and coercion.

- 3 -

3.

Hence, application filed under Section 147 of the

Negotiable Instrument Act needs to be allowed. Accordingly, I

proceed to pass the following;

ORDER

i.

The application filed under Section 147 of

the Negotiable Instrument Act is allowed.

ii.

The impugned judgment of conviction

and order of sentence passed by the J.M.F.C-III,

Shivamogga in C.C. No.1254/2016 and confirmed by

the III Additional Sessions Judge, Shivamogga in

Criminal Appeal No. 94/2018, dated 12.04.2019 are

set aside.

iii.

The accused/revision petitioner herein

stands acquitted for the offence under Section 138 of

the Negotiable Instrument Act. The bail bonds

executed by the accused/revision petitioner stands

cancelled.

iv.

The amount deposited either before this

Court or before the Lower Court to the tune of

RS.87,500/-

shall

be

paid

to

the

respondent/complainant herein.

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v.

The application filed under Section 147

of the Negotiable Instrument Act shall be part of this

order.

Sd/-

JUDGE

DSP

List No.: 1 Sl No.: 10

CT:PH