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.