The court has the power to set aside the conviction and sentence imposed on the accused under Section 138 of the Negotiable Instruments Act, 1881, if the parties have amicably settled the matter and the accused has paid the amount due to the complainant.

Both

these

Criminal

Revision

Petitions

are

preferred by the accused against the concurrent

findings recorded by the Courts below, whereby he

is

convicted

and

sentenced

for

the

offence

punishable under Section 138 of the Negotiable

Instruments Act (for short ‘the NI Act’), in respect of

two

cheques

issued

by

him

to

the

respondent/complainant in discharge of the legally

enforceable debt.

2.

The

respondent

herein

filed

two

complaints against the accused alleging offence

punishable under Section 138 of the NI Act, on the

file of the Court of Prl. Civil Judge and I Addl. JMFC,

Ranebennur, in respect of cheque bearing No.463247

for

a

sum

of

Rs.4

lakhs

and

cheque

bearing

No.463246 for a sum of Rs.3 lakhs.

3.

The trial Court vide separate judgments

convicted and sentenced the accused in both the

4

cases. The accused was sentenced to pay fine of

Rs.4,50,000/- in default of payment of fine, to

undergo simple imprisonment

for

two

years in

respect

of

cheque

bearing

No.463247,

in

C.C.No.157/2011 and he was sentenced to pay fine

of Rs.3,50,000/- in default of payment of fine to

undergo simple imprisonment

for

two

years in

respect

of

cheque

bearing

No.463246,

in

C.C.No.156/2011.

4.

The criminal appeals filed by the accused

before the Sessions Court against the impugned

orders have been dismissed. Hence, accused has

preferred these two revision petitions.

5.

The learned counsel appearing for the

parties have filed a compromise petition under

Section

147

of

the

NI

Act,

signed

by

the

petitioner/accused

as

well

as

the

respondent/

complainant as well as both the learned counsel.

5

The parties are also present before the Court and

they are identified by their respective counsel.

6.

It is submitted that the parties have

settled the matter and the petitioner/ accused has

paid Rs.7,50,000/- (Rupees seven lakhs and fifty

thousand

only)

to

the

respondent/

complainant

towards full and final settlement in respect of both

the cheques and the respondent/ complainant has

accepted

the

said

amount

as

full

and

final

settlement.

7.

The learned counsel for petitioner submits

that,

the

petitioner

was

prosecuting

his

case

bonafidely

and

now

the

parties

have

amicably

settled the matter. He submits that in view of the

settlement arrived at between the parties, the

impugned judgment and orders passed by the Courts

below may be set aside. He submits that in view of

the prevailing situation of Covid-19 pandemic, the

petitioner has suffered loss in his business and to

6

put an end to the litigation, he has settled the

matter.

8.

Considering the facts and circumstances of

the case, this Court finds that the settlement is a

result

of

positive

attitude

of

the

parties

and

therefore, to meet the ends of justice, minimal cost

could be imposed. Hence, a cost of Rs.5,000/-

(Rupees five thousand only) is levied, which shall be

deposited by the petitioner with the State Legal

Services Authority within four weeks from today.

9.

Hence, the following:

ORDER

i)

Both the Criminal Revision Petitions are

allowed,

ii)

The impugned judgment dated 07.02.2015

passed

in

C.C.No.157/2011

and

in

C.C.No.156/2011 on the file of the Court

of Prl. Civil Judge, and I Addl. JMFC,

Ranebennur

and

the

judgment

dated

7

07.05.2018

passed

in

Criminal

Appeal

No.23/2015 and 24/2015 on the file of the

Court of II Addl. District and Session

Judge at Haveri (sitting at Ranebennur)

are hereby set aside,

iii)

Petitioner is acquitted in both the cases,

iv)

His bail bonds stand cancelled,

v)

Petitioner shall produce the receipt for

having deposited the amount as ordered.

Sd/-

JUDGE

JUDGE

Jm/paragraphs 1 to 4

Pj/ from paragraph 5 to end