IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION NO.1097 OF 2015 BETWEEN CHANDRASHEKARAIAH, S/O. SIDDA LINGAIAH, AGED ABOUT 55 YEARS, RESIDING AT MEGHA NILAYA, OPPOSITE GANGADHARESHWARA KALYANA MANTAPA, YEDIYURU, KUNIGAL TALUK, TUMKUR DISTRICT – 572 101.
(BY SRI RAVIKUMARA K., ADVOCATE) AND B.V. CHETAN S/O. UMAMAHESH, AGED ABOUT 41 YEARS, RESIDING AT NO.35, 2ND FLOOR, 10TH CROSS, 2ND MAIN, AGRAHARA DASARAHALLI, BENGALURU – 560 079.
(BY SRI RAKESH D., ADVOCATE) * * * ... PETITIONER ... RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 25.11.2014 BY THE XXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN C.C.NO.17355/2010 AND THE JUDGMENT PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-66) IN CRL.A.NO.1449/2014 ORDER DATED 16.07.2015 AND ACQUIT THE ACCUSED.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both petitioner and respondent have filed a joint compromise application under Section 147 of Negotiable Instrument Act. Both the parties have amicably settled the dispute.
As per the terms of the compromise, the petitioner undertakes to pay an amount of Rs.1,35,000/- (by way of five installments i.e., Rs.27,000 x 5) to the respondent on various dates mentioned in the compromise application. The petitioner has also undertaken to deposit the said amount directly to the Bank account of the respondent on the dates mentioned in the compromise petition.
The same is placed on record. The joint compromise application is allowed.
In view of the settlement, the Criminal Revision Petition is allowed. The judgment of conviction and order of sentence passed by both the Courts below are hereby set aside. The petitioner is acquitted of the charges leveled against him for the offence punishable under Section 138 of Negotiable Act. The bail bond, if any, stands cancelled.
The amount deposited by the petitioner, if any, before the Court below to be released in favour of the respondent with due identification.
Sd/- JUDGE GBB