IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.645 OF 2019 BETWEEN:
Azeem S/o Mohammed Hayath Sab, Aged about 44 years, Egg merchant, R/o Mirza Badawane, Hiriyur Town – 577598 Chitradurga District.
(By Sri.Muzaffar Ahmed, Advocate) AND:
M.Narasimhaiah, S/o Murkannappa, Aged about 62 years, Agriculturist, R/o Alur Village – 577598 Hiriyur Taluk, Chitradurga District.
...Petitioner ...Respondent (By Smt.K.S.Anasuya Devi, 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 and sentence passed by the Principal Civil Judge and JMFC, Hiriyur in C.C.No.523/2018, dated 25.09.2018 in convicting the accused/petitioner for the offence punishable under Section 138 of the N.I Act and sentencing the accused to pay fine of Rs.4,05,000/- and in default to undergo S.I for six months and to acquit the accused/petitioner from the alleged offence of Section 138 of N.I. Act.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
ORDER The petitioner Sri.Azeem S/o Mohammed Hayath Sab is present along with his counsel and the respondent/complainant Sri.M.Narasimhaiah S/o Murkannappa is present along with his counsel.
2. Today joint affidavit has been filed by the petitioner/accused and respondent/complainant. They have also filed a joint memo. They admit the signature on the joint affidavit and the memo. They submit that the matter has been amicably settled between the parties out of Court and the complainant has no objection to set aside the order of conviction.
3. The said memo has been placed on record and in view of the compromise entered into between the parties out of Court, the judgment passed by Prl. Civil Judge and JMFC, Hiriyur in C.C.No.523/2018 dated 25.09.2018. Subsequently confirmed by the I Additional District and Sessions Judge, Chitradurga in Crl.A.No.71/2018 dated 22.04.2019 are set aside and the petitioner/accused is acquitted for the offence punishable under Section 138 of N.I.Act.
In terms of the compromise, the petition is disposed off.
Sd/- JUDGE NS