TMI Blog2022 (11) TMI 849X X X X Extracts X X X X X X X X Extracts X X X X ..... Instruments Act, 1881 (hereinafter for brevity referred to as the "N.I. Act"), which was further confirmed by the Court of the learned XXVIII Additional City Civil Judge at Mayohall Unit (CCH-29), Bangalore, (hereinafter for brevity referred to as "the Sessions Judge's Court") in the appeal filed by him. Challenging the impugned judgments of conviction and order on sentence passed by both the Courts, the petitioner has filed the present revision petition. 2. Learned counsels from both side along with their respective clients, as identified by their learned counsels, are physically present in the Court. 3. Learned counsels from both side have filed a joint application-I.A. No. 1/2022, under Section 147 of the N.I. Act, along with the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o withdraw the amount of Rs. 1,75,000/-said to have been deposited by him in the Trial Court, without causing any inconvenience to the respondent. The respondent submits that she has compromised the matter for a sum of Rs. 2,75,000/-as full and final settlement of her claim which is the subject matter of the petition. 6. The enquiry made with the parties who are physically present convinces the Court that both the parties out of their free consent and volition and in their best interest have settled the matter amicably which is further corroborated by the submissions made by their learned counsels. As such, I am of the view that on the terms of the said joint application, the parties be permitted to compound the offence under Section 147 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon'ble Apex Court in Damodar S. Prabhu's case (supra). The said demand draft is accepted towards the graded cost payable by the petitioner. Registry to do the needful in the matter. 10. Accordingly, taking into consideration the joint application-I.A. No. 1/2022 filed by both side, the guidelines given by the Hon'ble Apex Court in Damodar S. Prabhu's case (supra) and the circumstance of the case on hand, I.A. No. 1/2022 is allowed. The parties are permitted to compound the offence under Section 147 of the N.I. Act. The matter is settled as per the terms mentioned in the joint application filed by both side and the petitioner herein who was accused in the Trial Court in C.C. No. 50025/2013 is acquitted of the offence pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|