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Judgment
Budihal R.B., J.—Learned counsel appearing for the revision petitioners-accused and learned counsel appearing for the respondent-complainant, in all the petitions, submit that the parties have compromised the matter. They have filed joint memo dated 20.1.2015 under Section 147 of Negotiable Instruments Act stating that the parties have settled the matter.
The joint memo is placed on record and the terms of settlement as narrated in the joint memo read as under:
"The petitioners and the respondent humbly submit as follows:
The Respondent/Complainant has filed complaint against the Petitioners in C.C. No. 582/2008 for sum of Rs. 17,20,000/-, C.C.1174/2008 for sum of Rs. 30,000 and C.C. No. 572/2008 for sum of Rs. 30,000/-for the offence punishable under section 138 of N.I. Act.
That the Petitioners and Respondent are with the intervention of elders and the well wishers, have settled their disputes amicably.
That in pursuance of such settlement, the Petitioners agreed to pay total sum of Rs. 35,00,000/- (Rupees thirty five lakh only) to the Respondent/complainant as full and final settlement as per the conviction orders of the Trial Court and Session Court.
That out of which Rs. 8,90,000/- (Rupees Eight Lakh Ninety thousand only) is already deposited in trial court in C.C. No. 582/2008, C.C.1174/2008 and C.C. No .572/2008 and that may be released in favour of the Respondent.
That the Petitioners agreed that they will pay sum of Rs. 17,33,000/- (Rupees Seventeen Lakh thirty three thousand only) to the respondent by way of Demand drafts drawing the same in favour of J.M.F.C IV Court Mangalore. Accordingly, the Petitioners have already taken three Demand Drafts drawn on Vijaya Bank, Vamanjoor Branch in favour of J.M.F.C. IV Court, Mangalore payable at Mangalore, the details are as under and the copies are annexed to this memo.
a. D.D. No. 251835791 for Rs. 16,63,000/- dated 08.12.2014.
b. D.D. No. 251835790 for Rs. 35,000/- dated 08.12.2014 and
c. D.D. No. 251835792 for Rs. 35,000/- dated 08.12.2014.
The original Demand drafts are handed over to the respondent today i.e., 20.01.2015 before this Hon''ble court and the respondent has acknowledged the receipt of the same, which will be deposited by the respondent before the J.M.F.C IV Court Mangalore by accompanying petitioner No. 2 if required and the respondent accompanying petitioner No. 2 if required and the respondent agreed for the same. This Hon''ble court may be pleased to direct the trial court to release the said amount in favour of the respondent.
That the petitioners undertake to pay the remaining amount of Rs. 8,77,000/- (Rupees Eight lakh Seventy Seven thousand only) with interest at the rate of 12% per annum from 30/04/2013 as the Petitioners ought to recover Rs. 8,77,000/- with interest from the Ex. M.D. Mr. John David D''souza vide the suit filed in O.S. 128/2011 before the Principal and Senior Civil Court judge Mangalore. Therefore the above said payment will be made by the petitioners to the respondent as soon as it is recovered or within three years from the date of this joint memo, whichever is earlier. The respondent has agreed for the same.
If the aforesaid amount of (point No. 4) Rs. 8,90,000/-, (point No. 5) Rs. 17,33,000/- and (point No. 6) Rs. 8,77,000/- with interest of 12% per annum from 30.04.2013 is not paid then, petitioners are liable to pay the entire amount and if any of the above amount is not paid then, petitioners are liable to pay the unpaid amount with interest and liable for sentence as per the conviction order passed by the Sessions Court.
The Respondent thus hereby declares that he does not have any other claims of dues or demands of whatsoever nature against Petitioners herein except the claims mentioned above.
It is submitted therefore, that the Petitioners and Respondent may be permitted to compound the offence under Section 138 N.I. Act as far as, the petitioners herein are concerned and the Petitioners herein be acquitted subject to fulfillment of above conditions."
Revision petitioners and respondent are present. They submit that they have understood the terms of the joint memo and they have voluntarily settled the matter.
The joint memo is signed by the parties as well as the respective advocates.
Therefore, I am satisfied that the settlement is by free will and volition of the parties. In view of the settlement and compounding of offence, the judgment and orders passed by the courts below are set aside and the petitions are disposed of accordingly.
The original records secured in respect of all the petitions are directed to be sent back to the concerned court immediately.