3. It is further submitted that the cheque issued by
the petitioner No.1 to the respondent had been
dishonored. It is submitted that the respondent by
complying the requirement as required under the
provisions of N.I. Act had initiated the proceedings
before the Hon'ble XXVII, Addl. Chief Metropolitan
Magistrate, Bengaluru, in C.C No. 11483/2016. It is
submitted that the Hon'ble Trial Court after
adjudication of the matter vide its judgment dated
18/06/2018 was pleased to convict the petitioner and
sentenced to pay fine of Rs.66,00,000/= and in
default of payment of fine to undergo simple
imprisonment of 6 months.
9. It is submitted that the petitioners have deposited
a sum of Rs.75,000/= before the Hon'ble XXVII,
Addl. Chief Metropolitan Magistrate, Bengaluru, in
C.C No. 11483/2016 as per the order of Hon'ble City
Civil and Sessions Judge, Bangalore in Crl. Appeal
No. 1322/2018. The said amount was deposited on
20/8/2018 vide QNo.8667/18, D.D. No. 510092. The
petitioners are not having any objection for the
respondent to withdraw the said amount.
NC: 2025:KHC:12361
10. It is submitted that by deducting the amount in
deposit i.e. Rs.75,000/- [Rupees Seventy Five
Thousand Only] the remaining balance amount is
Rs.31,25,000/= [Rupees Thirty One Lakh Twenty
Five Thousand Only].
11. It is submitted that after the settlement talk and
arrival of settlement amount the petitioners No.2 and
3 have paid a sum of Rs.4,20,000/= [Rupees Four
Lakh Twenty Thousand Only] to the Respondent and
the Respondent has acknowledged the same and the
Petitioners as per the aforesaid understanding are
liable to pay balance amount is Rs.27,05,000/=
[Rupees Twenty Seven Lakh Five Thousand Only].
12. The petitioner No. 2 is liable to pay a sum of
Rs.13,87,500/= [Rupees Thirteen Lakhs Eighty
Seven Thousand Five Hundred Only] and the
Petitioner No.3 is liable to pay a sum of
Rs.13,87,500/= [Rupees Thirteen Lakhs Eighty
Seven Thousand Five Hundred Only].
13. It is submitted that out of total 39 installments
and the Petitioner No.2 and 3 have to pay every
month a sum of Rs.35,000/= each and 39th
installment i.e. the last installment amount is
Rs.22,500/=. The Petitioner Nos. 2 and 3 each
agrees to pay sum of Rs. 35,000/= [Rupees Thirty
Five Thousand Only] to the account of the
Respondent through ECS or through Google pay
mode on or before 5th day of every month without
any default to the account of Respondent's Bank, i.e.
Karur Vysya Bank, No. 549, Avenue Road,
Bangalore, the Account No. is 1301155000028030,
and the said account is stands in the name of
Mehul.A.Jain.
14. It is further submitted that the respondent has
agreed to receive the amount of Rs.35,000/=
[Rupees Thirty Five Thousand Only] each from 2nd
and 3rd respondents, every month totally 39
NC: 2025:KHC:12361
installments and the 39th installment amount is
Rs.22,500/=.
15. It is further submitted that the petitioners No. 2
and 3 have assured that they will make payment as
agreed above without fail or default. It is submitted
that the petitioner Nos. 2 and 3 have already
commenced to pay the installment amount from
August 2024 and as stated both of them have made
payment of Rs.4,20,000/= [Rupees Four Lakhs
Twenty Thousand Only] and the respondent is
admitting the same.
16. It is further submitted that the petitioner/s are
having liberty to clear their obligations, commitments
and undertaking even before the completion of
installments period and clear their liability and also
to pay the installment amount in advance of the
succeeding month.
17. It is further agreed, that the Petitioner No.2 and
Petitioner No.3 undertake that they will adhere to the
settlement agreed upon by them with the
Respondent and if the Petitioner No.2 & No.3 fail to
make payment for two (2) consecutive months, the
Respondent is at liberty to enforce the judgment of
conviction passed in C.C.No.11483/2016 for an
entire amount of Rs.65,90,000/- passed by the XXVII
A.C.M.M., Bangalore and also simultaneously the
Respondent is at liberty to initiate action against the
moveable and immovable properties of the Petitioner
No.2 and Petitioner No.3 by filing an execution
petition.
18. It is further humbly and respectfully submitted
that if any of the petitioners fails to comply the terms
as stated above the Hon'ble Court may pass any
orders in view of section 278 of The Bharatiya
Nagarik Suraksha Sanhita, 2023 or any other
provisions as deem fit in the circumstances of the
facts of the case against the defaulted petitioner, in
the interest of justice and equity."
NC: 2025:KHC:12361
3. The terms and conditions of the compromise
petition are legal and equitable. Placing the joint memo on
record, the revision petition stand disposed of in terms
thereof and accordingly, the following:
ORDER
(i) Petition filed by the petitioners/accused
Cr.P.C. is allowed.
(ii) The impugned judgment and order dated
18.06.2018 in CC.No.11483/2016 on the
file of XXVII ACMM, Bengaluru and
judgment and order dated 23.10.2020 in
Crl.A.No.1322/2018 on the file of LXI
Addl.City Civil and Sessions Judge,
Bengaluru (CCH-62) are confirmed.
(iii) Petitioners/accused Nos.1 to 3 are
acquitted for the offence punishable under
Section 138 of N.I. Act.
(iv) If the entire amount as agreed in the joint
memo is paid, fine amount imposed by the
trial Court, which is confirmed by the First
Appellate Court to the extent of
NC: 2025:KHC:12361
Rs.10,000/- towards defraying expenses of
the State is hereby set aside.
(v) Amount in deposit is permitted to be
withdrawn by the complainant under due
identification.
(vi) However, it is made clear that if the
amount as agreed in the joint memo is not
paid, the order of the trial Court, which is
confirmed by the First Appellate Court
stands restored automatically and the
respondent/complainant is at liberty to
proceed against the petitioners/accused
Nos.1 to 3 in accordance with law.
Sd/-
(J.M.KHAZI)
JUDGE
RR
