IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.131/2019 BETWEEN:
Smt. Gangamma W/o. Canteen Babu, Aged about 35 years, Cloth Merchant, R/o. Behind Anjaneya Temple, 2nd Main, Harlapur, Harihara, Davanagere District – 577 601.
(By Sri. K.N. Jayaprakash, Advocate) AND:
H.D. Prakash S/o. D.G. Hallur, Aged about 36 years, Businessman, R/o Anjaneya Temple, Ashraya Colony, Harihara, Davanagere District-577 601.
(By Sri. M. Sudhakar Pai, Advocate) ….Petitioner ... Respondent This Criminal Revision Petition is filed under Section 397 read with Section 401 of Criminal Procedure Code praying to set aside the judgment dated 17.01.2019 passed by the Principal District and Sessions Judge, Davanagere in Criminal Appeal No.115/2018, confirming the judgment dated 17.09.2018 passed in C.C. No.124/2015 by the 1 Additional Civil Judge and JMFC, Harihara.
This Criminal Revision Petition coming on for Orders this day, the Court made the following:
O R D E R Learned counsel appearing for both the parties have filed an application-I.A. No.2/2019 under Section 147 of the Negotiable Instruments Act, 1881 (for short ‘the Act’) read with Section 320 of Cr.P.C., to compound the offence punishable under Section 138 of the Act.
2. The respondent/complainant is present before the Court and submitted that the matter has been amicably settled between the parties and the respondent/complainant has received Rs.60,000/- from the petitioner/accused on 17.01.2019, as a full and final settlement. Further it is submitted that the respondent/complainant has no objection to set aside the order of conviction and release the accused/ petitioner.
3. Learned counsel for the petitioner/accused submitted that the petitioner/accused is in custody. In view of the order of conviction, he is not present before the Court. The said application is signed by the respondent/complainant, learned counsel for the petitioner and respondent and the application is also accompanied with the affidavit of the respondent/complainant.
4. The said submissions have been placed on record and also the application-I.A.No.2/2019 is kept on record.
5. In view of the settlement entered into between the parties, the judgment of conviction and order of sentence passed by I Additional Civil Judge and JMFC, Harihara in C.C. No.124/2015 dated 17.09.2018 subsequently, confirmed by the Prl. District and Sessions Judge, Davanagere in Criminal Appeal No.115/2018 dated 17.01.2019 are set aside and accused is acquitted of the charges. In terms of compromise, the petitioner/accused is directed to be released forthwith if he is not required in any other case.
Petition is allowed accordingly.
VBS Sd/- JUDGE