Learned counsel for the petitioner has filed the memo

dated 03.08.2023. He has produced the following documents

along with the memo;

I. Certified

copy

of

the

order

sheet

in

Crl.Misc.No.488/2019 before the learned Civil

Judge and JMFC, Chikmagalur ('the trial Court'

for short).

II. Certified copy of the petition filed under

Section 421 and 423 of Cr.PC, and

III. Certified copy of the joint memo filed under

Section 147 of the Negotiable Instruments Act

('the NI Act' for short) filed in the said

Crl.Misc.No.488/2019.

2.

The joint memo filed by the petitioner and the

respondent before the trial Court reads as under;

"01) On

the

basis

of

the

cheque,

the

Petitioner/compainant had filed a complaint against

the respondent in C.C.No.730/2014 and this Hon'ble

Court

passed

a

Conviction

judgment

dated:

11/11/2019. Thereafter the Respondent/Accused

had filed Criminal appeal No.266/2019 on the file of

the Sessions Court at Chikmagalur as per Direction

of the Sessions Court, the Respondent/Accused has

deposited a sum of Rs.19,600 before this Hon'ble

Court in CC No.730/2014 in Receipt No.433/49

- 3 -

dated: 04/02/2020 and the said Criminal Appeal

No.266/2019 dismissed on 28/08/2019. Agreeved

by the both Judgments the respondent/accused has

filed a Criminal Revision Petition No.602/2020 on

the file of the Hon'ble High Court of Karnataka and

the said Criminal Petition still is pending.

02)

In the mean while the petitioner and the

respondent have setelled the matter for Rs.60,000/-

and the petitioner/complainant has received the said

amount of Rs.60,000 from the accused/Respondent

it is full and final settlement of the case. The

deposit amount of Rs.19,600 may be retuned to the

accused/Respondent. As per settlement accused is

entatile for aquital but the said Criminal case is

pending before the Hon'ble High Court of Karnataka.

Therefore the same facts may be intimated to

Hon'ble High Court of Karnataka accordingly they

are intended to send a Joint Memo for Compromise

before the Hon'ble High Court of Karnataka.

Wherefore it is prayed that this Hon'ble court

be pleased to close the case as compromised in the

above case in the ends of justice."

3.

The order sheet dated 24.02.2021 of the trial Court

reads as under;

"Case called out. Petitioner and respondent

and L/C for petitioner and respondent present. And

filed joint memo U/Sec. 147 of N.I. Act. It is

submitted by both the parties and counsels that they

have

arrived

at

settlement

between

them,

Accordingly they have compromised the matter. In

the regard, they have also preferred the application

U/Sec. 147 of N.I. Act. Verified the same. The

parties enquired. They submits that it is in

accordance with the terms and conditions. That

have arrived at settlement and the same has been

reduced into writing.

- 4 -

The

contents

of

application/joint

memo

U/Sec.147 of N.I. Act. is read over to parties. They

submits the same is correct. The compromise which

arrived between the parties is with respect to subject

matter of the case and not against the provision of

Indian

contract

Act

or

against

public

policy.

Therefore, under the circumstances the parties are

permitted to enter into compromise.

Today petitioner received a sum of Rs.60,000/-

from accused as final settlement amount. Case is

refereed to Lok adalth held on 27.03.2021 for

acceptance."

4.

Therefore, it is clear that the matter was amicably

settled between the parties before the trial Court in terms of

the joint memo produced before this Court and the complainant

had received Rs.60,000/- from the accused towards full and

final settlement of his claim, on 24.02.2021. But in the

meantime,

the

accused

was

convicted

for

the

offence

punishable under Section 138 of the NI Act by the trial Court

vide its judgment of conviction and order of sentence dated

11.11.2019, which was confirmed in Crl.A.No.266/2019 by the

First Appellate Court. Therefore, the criminal revision petition

was filed before this Court.

5.

The Respondent