IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.1392/2016 BETWEEN:
SMT.H.A.MAMATHA W/O SRI T.K.NAGARAJ AGED ABOUT 36 YEARS OLD NO.19/1, NEW NO.24, SIDDASHRAMA ROAD MALLESWARAM BENGALURU – 560 003. …PETITIONER (BY SRI C.H.DODDEGOWDA, ADV. FOR SRI H.M.MURALIDHAR, ADV.) AND:
SRI P.PRASHANTH S/O M.PRABHAKAR AGED ABOUT 38 YEARS RESIDING AT NO.20/7, II MAIN, II BLOCK PARAMAHAMSA ROAD THYAGARAJANAGAR BANGALORE – 560 028. ...RESPONDENT (BY SRI SURESH D.DESHPANDE, ADV.) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 20.10.2016 PASSED BY THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRL.A.NO.893/2015 CONSEQUENTLY SET ASIDE THE ORDER DATED 05.06.2015 PASSED BY THE XV A.C.M.M., BANGALORE IN C.C.NO.27720/2014 DISMISS THE COMPLAINT AND ACQUIT THE PETITIONER OF THE OFFENCE.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R I.A.No.2/2017 under Section 147 of the N.I.Act signed by both parties and their respective Counsel is filed in Court today. Both parties are present. The said application reads thus:
“The Petitioner and Respondent respectfully submit as follows:-
1. The Petitioner is the Accused and Respondent is the Complainant in CC No.27720/2014 and the Petitioner is convicted for the offence punishable under Section 138 of the N.I.Act by the Trial Court and confirmed by the Appellate Court.
2. The parties now have settled the matter amicably and Respondent agreed to receive a sum of Rs.4,00,000/- from the petitioner towards full and final settlement.
3. The Petitioner today has paid Rs.1,52,000/- to the Respondent towards part payment of the settlement amount and Respondent acknowledged the receipt of the same.
4. The amount in deposit of Rs.2,48,000/- may be ordered to be released in favour of the Respondent/complainant herein.
Wherefore, in view of the settlement arrived between the parties, petitioner and Respondent prays that this Hon’ble Court may be pleased to set aside the order of conviction dated 5.6.2015 passed by the learned XV ACMM, Bengaluru, in C.C.No.22720/2014 and also the judgment dated 20-10-2016 passed by the LXVI Additional City Civil and Sessions Judge, Bengaluru in Criminal Appeal No.893/2015, in the interest of justice and equity”.
2. In view of the settlement arrived between the parties, I.A.No.2/2017 is allowed. Consequently, the revision petition is allowed. The judgment of conviction recorded by XV Addl.CMM, Bangalore City in C.C.No.27720/2014, confirmed by the Appellate Court, is set aside. The petitioner is acquitted of the charges for the offence under Section 138 of the N.I.Act.
I.A.No.1/2017 is filed by the respondent/complainant to withdraw amount of Rs.1,24,000/- + Rs.1,24,000/- deposited by the accused.
The respondent/complainant is permitted to withdraw Rs.2,48,000/- in deposit before the Trial Court.
3. In view of the settlement arrived between the parties, I.A.Nos.1/2017 and 2/2017 are allowed.
KNM/-
Sd/- JUDGE