Court affirmed the settlement between parties post-conviction under Section 138 and set aside earlier judgments, following mediation.

ORAL ORDER

Learned counsel for the petitioner is present.

2. This matter was referred to the Mediation Centre to explore the possibility of settlement. The learned Mediator has forwarded the settlement report dated 16.09.2025. The petition is arising from the proceeding in C.C. No.538/2019 on the file of J.M.F.C., Srirangapatna and Criminal Appeal No.5038/2021 on the file of III Additional Sessions Judge, Mandya sitting at Srirangapatna.

3. In terms of the judgment passed by the Trial Court, the petitioner has directed to pay fine of Rs.5,15,000/- for an offence punishable under Section 138 of the Negotiable Instruments Act for dishonour of cheque of Rs.5,00,000/-. The appellate Court has confirmed the conviction and sentence. Hence, the present petition.

4. In terms of the settlement arrived at between the parties, the complainant/respondent has received Rs.2,43,000/- on the date of settlement and Rs.2,57,000/- which is said to be deposited before the Trial Court has to be released in favour of the complainant/respondent. On such payment, complainant shall have no claim against the petitioner.

5. This Court does not find any impediment to accept the terms of the settlement.

6. The impugned judgment dated 30.11.2022 in Criminal Appeal No.5038/2021 on the file of III Additional Sessions Judge, Mandya (Sitting at Srirangapatna) and the judgment dated 12.10.2021 in C.C. No.538/2019 on the file of J.M.F.C. Srirangapatna are set-aside.

7. The amount in deposit before the Trial Court along with interest if any, shall be released in favour of the complainant/respondent.