TMI Blog2021 (8) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 which is further corroborated by the submissions made by their learned counsels. On the terms of the said joint application, the parties be permitted to compound the offence punishable under Section 138 of the N.I. Act, however, subject to the payment of the graded cost by the petitioner/accused - Joint application filed by both side under Section 147 of the Negotiable Instruments Act, 1881, is allowed and the parties to the present petition are permitted to compound the offence, however, subject to the petitioner herein (accused) paying a sum of ₹ 11,250/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of learned Addl. Sessions Judge, Fast Track Court - XIV, Bengaluru City(for brevity, 'Sessions Judge's Court') which Court while confirming the Judgment of conviction, dismissed the appeal by its Judgment dated 28.06.2011. Challenging the said confirmation of the conviction by the Sessions Judge's Court, the accused has preferred the present revision petition. 5. When this matter is listed today, Learned counsels from both side along with their clients are physically present in the Court. With the special permission of the Court, the parties were also permitted to enter the premises and appear physically in the Court. 6. Both side parties have filed a joint application under Section 147 of the N.I. Act seeking permis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Section 147 of the N.I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in proceeding to compound the offence. However, at the same time, the guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H reported in AIR 2010 SC 1907 regarding imposing graded cost on litigant also has to be borne in mind, in which guidelines the Hon'ble Apex Court has observed that, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. 12. The enquiry made with the parties who are physically pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8.06.2011 dismissing the appeal and confirming the Judgment of conviction and Order on sentence passed by the Trial Court, stand set aside; The petitioner herein - Chennanarasimhaiah S/o Narasimhaiah who was the accused before the Trial Court, is acquitted of the alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881; (iii) This order of compounding of the offence and acquittal of the petitioner herein would come into operation and would enure to the benefit of the petitioner, only after he depositing the graded cost as ordered above, and in its entirety within fifteen days from today. In case of non-deposit of the said amount in its entirety, today's order would not enure to the benefit of the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
