IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 7th day of December, 2017 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA Criminal Revision Petition No 794 of 2013 BETWEEN:
AND:
H RAMESH S/O H HANUMANTHAPPA AGED ABOUT 27 YEARS PATTANA PANCHAYATH EMPLOYEE PETE BEEDI CHANNAGIRI TOWN & TALUK DAVANAGERE DISTRICT … PETITIONER [By Sri N K Siddeswara, Advocate] SMT B P LALITHAMMA W/O H P JAYAPRAKASH SHETTY AGED ABOUT 55 YEARS KALSAGAR ROAD CHANNAGIRI TOWN & TALUK DAVANAGERE DISTRICT ... RESPONDENT [By Sri B K Narendra Babu, Advocate] CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CrPC PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 6.9.2013 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN CRL A NO 78/2012 AND ALSO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER DATED 30.6.12 PASSED BY THE SR. CIVIL JUDGE AND JMFC, CHANNAGIRI IN CC NO 110/2011 (OLD NO 581/11).
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner and the respondent and their respective learned counsel are present. Both parties have filed a compromise petition under Section 147 of the Negotiable Instruments Act, 1881 [for short, the Act]. The terms of the compromise petition are placed on record. The parties have admitted the execution of the compromise petition.
2. In view of the compromise arrived at between the parties, this revision petition is allowed. Consequently, the judgment and the order of sentence dated 30-6-2012, passed in CC No 110 of 2011, on the file of Court of Senior Civil Judge and JMFC, Channagiri, as affirmed by the II Additional District and Sessions Judge, Davangere, by judgment dated 6-9-2013 in Criminal Appeal No 78 of 2012, are hereby set aside. The petitioner-accused is acquitted of the charge levelled against him for the offence punishable under Section 138 of the Act. The bail bond executed by the petitioner-accused and the sureties are hereby cancelled. The petitioner-accused is entitled to take back the sum of ` 25,000/-, deposited before the trial court.
Sd/- JUDGE *pjk