IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1059 OF 2017 BETWEEN:
Dr. K. P. Harish S/o Late Putte Gowda Aged about 50 years R/at No.83, 1st Floor 10th Main Road 3rd Phase, Manjunatha Nagar Bengaluru – 560 010. …Petitioner (By Sri Ranjith K.S., Advocate) AND:
Sri. Mahaveer Mehta S/o Late. Champalal Mehta Aged about 52 years R/at No.53, Vybhav Apartments No.85, Gandhi Bazar Main Road Basavanagudi Bengaluru – 560 004. …Respondent (By Sri Raghavendra A Kulkarni, Advocate) This petition is filed under Section 397 r/w 401 Cr.P.C., by the Advocate for the petitioner praying that this Hon’ble Court may be pleased to set aside the judgment passed by LXIX Additional City Civil and Sessions Judge, Bangalore (CCH-70) dated 01.09.2017 passed in Crl. A. No.880/2016 and further be pleased to set aside the judgment of conviction rendered by XXI Additional Chief Metropolitan Magistrate, Bangalore dated 15.07.2016 passed in C.C.No.28740/2015 consequently be pleased to acquit the petitioner of offences charged with and etc.
This petition coming on for Orders, this day, the Court made the following:
ORDER Petitioner-Dr. K. P. Harish, S/o Late. Putte Gowda and respondent-Sri. Mhaveer Mehta, S/o Late. Champalal Mehta are present along with their respective counsels.
2. Both the parties have filed an application under Section 147 of Negotiable Instruments Act for having settled the matter amicably. The said application is also signed by the petitioner-accused as well as the respondent- complainant and their respective counsels.
3. Application is placed on record.
4. In the application it has been stated that at the intervention of the family members, friends and relatives, the matter has been amicably settled between the parties and it is agreed that the respondent is permitted to withdraw the amount of Rs.10,00,000/- (Rupees Ten Lakh Only) covered under banker’s cheque bearing No.062002 dated 05.08.2015 drawn on Bank of India, Basaweshwar Nagar Branch, Bengaluru.
5. This Court, on 23.02.2018, while passing an interim order on I.A.No.1/2017 has imposed a condition that the petitioner shall not withdraw the amount from his account to the tune of Rs.10,00,000/- covered under the above said bank pending disposal of the case.
6. Now, the petitioner-accused has agreed to give the said amount along with accrued interest to the respondent-complainant and in that light, the Bank of India, Basaweshwar Nagar Branch, Bengaluru, is hereby directed to release the said amount with accrued interest in favour of respondent by obtaining proper documents from the petitioner-accused.
7. Respondent-complainant has also agreed for setting-aside the judgment passed by the First Appellate Court as well as by the trial Court. In view of the compromise entered between the parties, the order passed in Crl. A. No.880/2016 on the file of 59th Additional City Civil and Sessions Judge, Bengaluru and consequently, confirming the judgment of conviction order in C.C.No.28470/2015 on the file of 21st Additional Chief Metropolitan Magistrate, Bengaluru are hereby set aside and the petitioner-accused is acquitted of the charges leveled against him.
Sd/- JUDGE SN