IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION NO.223 OF 2019 BETWEEN Smt. Banu Basavaraj W/o. M.Basavaraju Aged about 43 years Occ: Self Employee Residing at No.K1801 Brigade Gate Malleswaram West Bengaluru -560003 ... Petitioner (By Sri. Rajaram T, Advocate) AND Sri. N.M.Nagaraj S/o. Late Manjunath Aged about 45 years R/at: No.27/2, 10th cross Yellappa Garden Malleswaram Bengaluru – 560 003 ... Respondent (By Sri. B.S.Lavanya, Advocate) This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C. praying to set aside the judgment dated 21.01.2019 passed by the Court of LIX Additional City Civil and Sessions Judge, Bangalore City (CCH-60) in Crl.A.No.266/2018 dismissed the appeal filed by the petitioner against the order of conviction passed by the XIII ACMM, Bengaluru in C.C.No.16171/2016 by allowing the criminal revision petition.
This Criminal Revision Petition coming for orders on this day, the court made the following:
ORDER Both the petitioner and respondent along with their respective counsel are present before the Court.
2. The parties have compromised the dispute themselves amicably and filed a joint application in I.A.No.2/2019 under Section 147 of Negotiable Instrument Act, reporting the settlement. Learned counsel appearing for both the parties submit to consider the joint compromise application and compound the offence to acquit the petitioner.
3. Perused the I.A.No.2/2019.
4. Accordingly, the compromise is accepted and in view of the amicable settlement arrived at between the parties, the judgment of conviction and order of sentence passed by the trial Court in C.C.No.16171/2016 passed by XIII ACMM, Bengaluru dated 17.01.2018, confirmed by the First Appellate Court in Crl.A.No.266/2018 dated 21.01.2019 are hereby set aside and the petitioner is acquitted of the offence punishable under Section 138 of Negotiable Instrument Act.
5. The petitioner/accused is permitted to withdraw the amount deposited by him before the Trial Court and the trial Court is directed to release the amount to the petitioner after due identification.
6. Accordingly, criminal revision petition is disposed off.
7. In view of disposal of the revision petition, I.A.No.1/2019 does not survive for consideration and the same is accordingly disposed of.
SD/- JUDGE HJ