IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL REVISION PETITION No.155/2019 BETWEEN:
B.N.Girish, Aged about 50 years, S/o Late Ninge Gowda, R/at Basavanakoppal Village, Ramanathpura Hobli, Arakalgud Taluk, Hassan District -562103.
(By Sri. Vigneshwara V., Advocate) AND:
Chandrappa, Aged about 55 years, S/o Chennappa, R/at Saligrama Villaage, Saligrama Hobli, K.R.Nagara Taluk – 577303.
…..Petitioner ...Respondent (By Sri. Mohan Maiya, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 Cr.P.C., praying to set aside the impugned order dated 21/02./2018 passed in Crl.A.No.154/2015 on the file of the Court of the VIII Additional District and Sessions Judge, Mysuru, confirming the judgment dated 24/03/2015 passed in C.C.No.291/2014 on the file of the Court of the Additional Civil Judge and JMFC, Krishnarajanagar etc.
This petition coming on for orders this day, the Court made the following;
ORDER Shri. Mohan Maiya, files power for respondent.
Heard the learned counsel for petitioner and learned counsel for respondent on I.A.No.1/2018. The said application has been filed under Section 5 of the Limitation Act, to condone the delay of 253 days in preferring the present petition.
Learned counsel for the respondent has no objection to the said application.
By accepting the cause shown in the affidavit, I.A.No.1/2018 is allowed. Delay of 253 days is condoned.
Learned counsel for respondent has also filed a memo reporting compromise between the parties.
2. Respondent/complainant is present along with the counsel.
3. It is submitted by the respondent’s counsel that in terms of the compromise entered into between the parties, respondent has received a sum of Rs.4,80,000/- in cash and he has to receive balance amount of Rs.1,20,000/-, which has been deposited on 17/03/2016 before the Trial Court in C.C.No.291/2014. He further submits that in terms of the settlement, the judgment of conviction and order of sentence passed by the Trial Court, which has been confirmed by the Appellate Court may be set aside.
4. Learned counsel for the petitioner/accused submits that petitioner is in custody and he has no objection to pay the said amount to the respondent/complainant.
5. Memo is taken on record.
6. In terms of the compromise, the present petition is disposed of. The judgment of conviction and order of sentence passed by the Additional Civil Judge and JMFC, Krishnarajanagar, dated 24/03/2015 in C.C.No.291/2014 and confirmed by the VIII Additional District and Sessions Judge, Mysuru, dated 21/02/2018 in Criminal Appeal No.154/2015 are set aside.
Accused is acquitted of the charges leveled against him and he is ordered to be released forthwith, if he is not required in any other case.
The Trial Court is also hereby directed to pay Rs.1,20,000/- to the respondent/complainant on proper identification and acknowledgement.
Sd/- JUDGE Msu