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Judgment
A.N. Venugopala Gowda
Sri Girish B. Baladare, learned advocate files appearance for the respondent. I.A. 2/12 filed seeking condonation of delay being rightly not opposed/by the respondent and even otherwise, the cause shown being sufficient to condone the delay in as much as the petitioner No. 1 is in custody, the I.A. is allowed and delay condoned.
Petitioners have been convicted for the offence under S. 138 of the Negotiable Instruments Act, 1881 (for short, ''the Act'') and sentenced to undergo S.I. For a period of four months and pay fine of Rs. 2,000/- with default stipulation. They were further directed to pay Rs. 1,20,000/-as compensation to the complainant, in default, to undergo S.I. for a period of 6 months. Criminal appeal filed there against was dismissed by the Sessions Court. challenging the said Judgments/Orders, the accused have filed this criminal revision petition.
Sri A.N. Radha Krishna and Sri Girish B. Baladare presented an application signed by petitioner No. 2 and the respondent, wherein it has been stated that the parties at the intervention of well-wishers have entered into a compromise and that the respondent - complainant has received the full compensation amount from the petitioners. Learned counsel seek permission to compound the offence. Petitioner No. 2 and the respondent, identified by their learned advocates are present before the Court. Respondent - complainant present before the Court admits the fact of entering into of the compromise and the receipt of the compensation amount as ordered by the Trial Court.
Keeping in view the submissions made by the learned counsel and the contents of the application filed under S. 147 of the Act, petition is allowed and the impugned orders are set aside. Petitioners stand acquitted of the offence for which they were charged.
Petitioner No. 1 be released forthwith. Bail bonds of the petitioners stand cancelled.
I.A. 1/12 seeking suspension of sentence and grant of bail, does not survive for consideration.