The petitioner, learned counsel for the petitioner and the

respondent are present physically before the Court. The

petitioner is identified by his counsel. The respondent is

identified by Sri Veerabhadraswamy.H.P., learned counsel.

2.

Learned counsel for the petitioner has filed an

application I.A.No.1/2023 under Section 147 of the Negotiable

Instruments Act, 1881 (for short “N.I. Act”) along with an

affidavit of even date, seeking for compounding of the offence.

The same is taken on record.

3.

Perused the averments made in para Nos.2 to 9 of

the affidavit filed in support of the application, which read

thus:-

“2.

It is stated that based on the complaint filed

against the Petitioner by the Respondent herein on the

file of Principal Civil Judge and J.M.F.C Hassan for

offence

punishable

under

138

of

Negotiable

Instruments Act in C.C.No.3589/2016. The Hon’ble

Trial Court as per its order dated. 14^th of September

2019

has

passed

the

order

sentencing

the

Accused/Petitioner herein to pay of Rs.12,10,000/-

(Rupees Twelve Lakh Ten Thousand Only) for the

office punishable under Sec.138 of N.I.Act. in default

- 3 -

of payment of fine amount, the Accused/Petitioner

shall undergo simple imprisonment for a period of six

months.

3. It is stated that being aggrieved by the said order

of sentenced passed by the Hon'ble Trial Court, the

Petitioner/Accused has preferred Criminal Appeal

No.250/2018 on the file of 5th Additional District and

Session Judge, Hassan, while admitting the Appeal the

Hon'ble Appellate court as per its order dated.12-10-

2018 having suspended the sentence has ordered to

deposit Rs.50,000/- (Rupees Fifty Thousand Only)

before the Trail Court within 15 days. Further the

Hon'ble Appellate Court by exercising its power under

Sec.148

of

N.I.

Act

has

directed

the

Petitioner/Accused herein to deposit a sum equivalent

to 20% and thus passed the order directing the

Petitioner/Accused

to

deposit

further

sum

of

Rs.1,00,000/- (Rupees One Lakh Only) as per order

dated. 31-12-2018. Accordingly the Petitioner/Accused

has deposited Rs. 1,00,000 on 09-01-2019.

4. It is stated that in pursuance of the same since the

Respondent/Complainant due to financial necessity

has made application under Sec.148(3) of N.I. Act

before the Appellate Court to release the amount,

accordingly the Appellate Court has passed the order

allowing the Application and thus directed the Trial

Court to release the amount of Rs.50,000/- deposited

by the Petitioner/Accused with certain condition.

Similarly, the Appellate Court as per order dated. 15-

07-2019 based on the Application filed by the

- 4 -

Respondent/Complainant for release of Rs.1,00,000/-

has ordered to release the same with certain

condition. As such the Respondent/Complainant during

the pendency of the Criminal Appeal No.250/2018 has

taken the Rs.1,50,000/- (One Lakh Fifty Thousand

Only) deposited by the Petitioner/Accused before the

Trial and Appellate Court as per the order passed in

Application filed under Sec. 148(3) of N.I. Act.

5. It is stated that the Hon'ble Appellate court having

considered the case on merits has confirmed the order

passed by the Trail, thereby dismissing the Criminal

Appeal No.250/2018 as per order dated. 23rd

September

2019.

The

Petitioner/Accused

being

aggrieved by the order passed by the Trail Court

sentencing him as well as the order passed by the

Appellate Court confirming the Trail Court order has

preferred the present Criminal Revision Petition before

this Hon'ble Court and this Hon'ble Court while

suspending the sentence has passed the order

directing the Petitioner/Accused to deposit 50% of the

total amount accordingly the Petitioner/Accused as per

D.D. No.0035878, dated. 20-12-2019 has deposited

as sum of Rs.4,50,000/- (Rupees Four Lakh Fifty

Thousand Only), before the Trial Court.

6. It is submitted that the Respondent/Complainant

herein in addition to initiating prosecution under

Negotiable

Instrument

Act

against

the

Petitioner/Accused has also initia