Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL MISC. PETITION NO.9385 OF 2008
IN
CRIMINAL APPEAL NO.422 OF 2009
Arising out of SPECIAL LEAVE PETITION (CRL.)NO.1633/2006
(CRL.M.P.NO.644 OF 2006)
P.S. SASIDHARAN ....PETITIONER
VERSUS
VIJAYA SHAKAR ....RESPONDENT
WITH
CRIMINAL MISC. PETITION NO.9386 OF 2008 IN
CRIMINAL APPEAL NO.429 of 2009 arising out of
SPECIAL LEAVE PETITION (CRL.)NO.1680/2006
(CRL.M.P.NO.980 OF 2006)
O R D E R
Leave granted.
Heard learned counsel for the parties.
Present appeals by special leave have been filed against final judgment and
order dated 7.10.2004 of the High Court of Karnataka at Bangalore in Criminal
Revision Petition Nos.797 & 798 of 2003, whereby the High Court confirmed the
order of conviction for the offence punishable under section 138 of the Negotiable
Instruments Act.
Now, applications seeking permission to compound the offence under
Section 320 of the Code of Criminal Procedure Code have been filed stating inter
alia therein that the petitioner and the respondent have compromised the matter
and the dispute between the parties in the case has been amicably settled out of
Court. It is also submitted before us that the Respondent has also filed an
contd...2/-
::2::
affidavit before this Court stating therein that the compensation and fine have
been paid by the petitioner and that the respondent has no objection if this Court
permits to compound the said offence.
In view of the settlement arrived between the parties and considering the
affidavit filed by the Respondent, applications to compound the offence are
allowed and the appeals are disposed of accordingly. Interim order, if any, shall
stand vacated. The orders passed by the High Court as well of the II Addl. Civil
Judge (Jr. Divn.) & JMFC, Mangalore and Frist Addl. Sessions Judge, D.K.,
Mangalore, Karnataka are hereby set aside.
.........................J.
(TARUN CHATTERJEE)
.........................J.
(H.L. DATTU)
NEW DELHI,
FEBRUARY 27, 2009.