IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1413/2018 Between:
Srinivas, S/o Varadaiah, Aged about 44 years, R/o Thivumalapura Village, Near Dasharati Petrol Bunk, Kasaba Hobli, Holenarasipura Taluk, Hassan District – 573 201. ...Petitioner (By Sri. Vijay Kumar T, Advocate) And:
B.T.Sathish, S/o Thopegowda, Aged about 37 years, R/o HIG 10, Housing Board, Holenarasipura Town, Hassan District – 573 201. ...Respondent (By Sri. H.T. Jagadeesh, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C. praying to set aside the judgment dated 17.09.2018 passed by the learned 5th Additional District and Sessions Court at Hassan in Crl.A.No.36/2018, and judgment dated 10.01.2018, passed by the Court of Civil Judge and JMFC at Holenarasipura in C.C.No.725/2013 and the petitioner to be acquitted for the offence alleged against him.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner- Sri Srinivas S/o Varadaiah, is present.
Respondent –Sri B.T.Sathish is also present and learned counsel appearing for both parties are also present. Both parties have filed a Joint Memo under Section 147 of the Negotiable Instruments Act, 1881, reporting the settlement arrived at between the parties.
2. Joint Memo is placed on record.
3. It is submitted by the learned counsel for the respondent-complainant that the petitioner-accused has already paid a sum of Rs.3,50,000/- and he acknowledges the same and agrees to settle the dispute amicably in view of the full and final settlement of the amount due to him.
4. It is also submitted by learned counsel for the complainant that he has no objection to set aside the judgment and order of conviction and sentence passed by the trial court. The said Joint Memo has been signed by both the petitioner and the respondent and also their respective counsels.
5. In terms of the settlement arrived at between the parties, the petition is disposed of. The judgment in Crl.A.No.36/2018 dated 17.09.2018 passed by the V Addl. District & Sessions Judge, Hassan, confirming the judgment and order of conviction and sentence dated 10.1.2018, in C.C.No.725/2013 by the Civil Judge & JMFC., Holenarasipura, is set aside.
Psg* Sd/- JUDGE