IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.845/2015 Between:
Deepak Bandhekar S/o Prabhakar Bandekar Aged about 51 years (Owner Shwetha Auto Services) Owner of Manjunath Printing Press In Front of Radhkrishna Temple Karwar-581301. ...Petitioner (By Sri Nataraj C.D, Advocate for Sri Pruthvi Wodeyar, Advocate for petitioner) And:
Chetan Udyog Partnership Firm Sagar Its Managing Partner Sri A.M.Subbarao S/o Ademane Gopal Aged about 57 years Sagar-577401 Shivamogga District. ... Respondent (By Sri Harish Kumar M.S, Advocate) This Criminal Revision Petition is filed under Section 397 of Cr.P.C., praying to set aside the judgment and order of conviction dated 26.06.2015 passed by the V Additional District and Sessions Judge, Shivamogga, sitting at Sagar in Crl.A.No.81/2012 confirming the judgment and order of conviction dated 21.03.2012 passed by the Sr.C.J. and J.M.F.C., Sagar in C.C.No.267/2010 for the offence punishable under Section 138 of N.I.Act by allowing this Criminal Revision Petition and etc., This Criminal Revision Petition coming on for orders this day, the Court made the following:
ORDER The petitioner/accused-Deepak Bandhekar s/o Prabhakar Bandekar is present before the Court along with his counsel.
2. The respondent/complainant-K.H.Gnaneshwar Managing Partner of Chetan Udyog Partnership Firm Sagar is also present along with his counsel.
3. They have filed an application under Section 320(5) Cr.P.C R/w 147 of the Negotiable Instruments Act for having amicably settled the matter between them.
4. As per the compromise, the petitioner/accused has agreed to pay an amount of Rs.1,50,000/- for full and final settlement of the claim for the respondent/complainant and the respondent/complainant agrees to receive the same. In terms of the compromise, today the accused has paid an amount of Rs.1,16,250/- to the Managing Partner- K.H.Gnaneshwara and he acknowledges the same.
5. It is further agreed that an amount of Rs.38,750/- is there in deposit before the Court below and the petitioner/accused submits that he has no objection to withdraw an amount of Rs.33,750/- out of Rs.38,750/- by the respondent/complainant. In view of the settlement the respondent/complainant submits that he has no objection to acquit the accused/petitioner in terms of the compromise and set aside the impugned orders. The said compromise petition has been signed by both the petitioner/accused and the respondent/complainant and the same has been endorsed by the learned counsel appearing for the parties. It is also accompanied with the affidavit of petitioner/accused.
6. In view of compromise entered into between the parties, the compromise petition is taken on record and in terms of the compromise entered between the parties, the petition is allowed and the judgment of conviction and order of sentence passed by the learned Senior Civil Judge and J.M.F.C., at Sagar in C.C.No.267/2010 dated 21.03.2012 subsequently, confirmed by the learned V Additional District and Sessions Judge Shivamogga sitting at Sagar in Criminal Appeal No.81/2012 dated 26.06.2015 are set aside and the accused is acquitted for the charges therein and the bail bonds executed have been cancelled in terms of the compromise petition. I.A.No.1/2019 is allowed and the criminal revision petition is disposed.
The Court below is directed to refund an amount of Rs.33,750/- out of Rs.38,750/- to the respondent/complainant on proper identification and acknowledgment and remaining amount of Rs.5,000/- is forfeited to the Government.
Sd/-
JUDGE ssb