B. Anand v. Mohd. Qurram
HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CRL.R.C( MP) No.4 1 0 7 / 2 0 1 7 in Cr l.R.C.No.2 4 1 5 of 2 0 1 7 & CRI MI NAL REVI SI ON CASE No.2 4 1 5 of 2 0 1 7 COMMON ORDER:
Cr l.R.C.MP.No.4 1 0 7 of 2 0 1 7 This Petition is filed under Section 147 of Negotiable Instrument Act seeking permission to compound the offence punishable under Section 138 of NI Act on the ground that the matter is settled between the petitioner herein/ complainant and the wife of the accused for an amount of Rs.4,50,000/ - while the accused is serving substantive punishment in jail.
Complainant and the wife of the accused appeared in person and they are identified by their respective counsel and they also furnished the copies of Aadhar Cards in proof of their identity. On enquiry, Complainant/ Mohd Qurram admitted that the matter is settled for Rs.4,50,000/ - and they entered into a memorandum of compromise, which is annexed to the petition. Hence, this Court find that the compromise is voluntarily and therefore, the present Petition is liable to be allowed.
Accordingly, this Petition is allowed permitting the parties to compromise the offence punishable under Section 138 of NI Act. Cr l.R.C.No.2 4 1 5 of 2 0 1 7 In view of the Orders in Crl.R.C.M.P.No.4107 of 2017, this Criminal Revision Case is allowed, setting aside the conviction and sentence imposed by the trial Court, confirmed by the Appellate Court, acquitting the petitioner/ accused in Crl.R.C.No.2415 of 2017 for the
offence punishable under Section 138 of Negotiable Instrument Act. The petitioner in Crl.R.C.No.2415 of 2017 is set at liberty forthwith if he is not required in any other case.
As a sequel, miscellaneous petitions, if any, pending in this case, shall stand dismissed.
________________________________________ M. SATYANARAYANA MURTHY, J Date: 21-09-2017.
Not e:- Issue C.C. today.
(B/ O) eha
HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CRL.R.C( MP) No.4 1 0 7 / 2 0 1 7 in Cr l.R.C.No.2 4 1 5 of 2 0 1 7 & CRI MI NAL REVI SI ON CASE No.2 4 1 5 of 2 0 1 7 Dt. 21-09-2017 eha