IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.42 OF 2019 BETWEEN:
A.Ramesh S/o Late Abbayappa, Aged about 43 years, Residing at Immandihalli Village, Near Government Hospital, Whitefield, Bengaluru-560 066.
(By Sri. C.N. Raju, Advocate) AND:
Muniraja.Y, S/o Late Yellappa, Aged about 28 years, Residing at Immandihalli, Village, Near Government Hospital Whitefield, Bengaluru-560 066.
...Petitioner ...Respondent (By Sri. J.T.Gireesha, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.p.c. praying to set aside the judgment of conviction passed in C.C.No.7366/2015 dated 03.03.2017 in Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru and in Crl.A.No.37/2017 dated 14.11.2018 on the file of the VI Additional District an Sessions Judge, Bengaluru against the petitioner and acquit the petitioner by allowing this petition.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
ORDER Petitioner-accused Sri. A. Ramesh, Son of Late Abbayappa is present and respondent-complainant Sri. Muniraja Y, Son of Late Yellappa is also present along with their counsel.
2. Today, they have filed I.A.No.3/2019- compromise petition under Section 147 of the Negotiable Instruments Act.
3. It is submitted that the dispute between the parties have been compromised with the intervention of elders. Petitioner-Accused has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the complainant for full and final settlement of the claim and the respondent-complainant agrees to receive the same for full and final settlement. It is stated in the application that an amount of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand Only) has been deposited before the Court below and the petitioner- accused has no objection to withdraw the same by the respondent-complainant. Petitioner-accused submits that he has paid an amount of Rs.2,20,000/- (Rupees Two Lakh Twenty Thousand Only) to the complainant and the complainant admits the receipt of Rs.2,20,000/- (Rupees Two Lakh Twenty Thousand Only). It is further agreed that the amount of Rs.1,55,000/- (Rupees One Lakh Fifty Five Thousand only), is to be paid by the accused to the respondent and the said amount is to be paid within two months from today. If the said amount is not paid, than the respondent-complainant is at liberty to revive the present petition.
4. Respondent-complainant submits that in view of the compromise entered into between the parties, he has no objection to allow the petition and to acquit the accused. I.A.No.3/2019 is also accompanied with verifying affidavit of the petitioner-accused.
5. The said compromise petition is placed on record.
6. The Criminal Revision Petition is allowed and judgment passed by Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in C.C.No.7366/2015 dated 03.03.2017 and subsequently confirmed by VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.A.No.37/2017 dated 14.11.2018 are set aside and accused is acquitted for the charges leveled against him.
7. The trial Court is directed to release an amount of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand Only) to the respondent-complainant on proper identification and acknowledgment and petitioner-accused is also directed to pay the remaining amount of Rs.1,55,000/- (Rupees One Lakh Fifty Five Thousand Only) within two months by depositing the same before the Court below. In the event of the deposit, the trial Court is directed to pay the said amount to respondent-complainant on proper identification and acknowledgment. If accused fails to pay the said amount, the respondent-complainant can revive the petition.
Sd/- JUDGE ag