IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION No.766/2015 BETWEEN:
Mr. K.C.Chandrashekar Raju, S/o Chengama Raju, Aged about 60 years, Proprietor, Chengama raju Foundations, C/o Chancery Pavilion, No.135, Residency Road, Bengaluru-25.
(By Sri Raj Prabhu., Advocate) AND:
...Petitioner Max Hypermarket India Pvt Ltd, A Company incorporated Under the companies Act, 1956, having its registered office At 2nd Floor, No.39/3 & 44, Bannerghatta Road, Bengaluru-29 Rep by its:
Authorised Representative ... Respondent (By Sri Abhilash.V, Advocate for Smt. Nalina Mayegowda, Advocate) This Crl.RP. is filed u/s.397 r/w 401 Cr.P.C. praying to set aside the impugned judgment passed in Criminal Appeal No.25022/2014 dated 24.06.2015 on the file of the Hon’ble LVII Addl. City Civil & Sessions Judge, CCH-58, Mayo Hall Unit, Bangalore and consequently set aside the Judgment passed in C.C.No.35463/2010 dated 03.01.2014 on the file of the Hon’ble 14th ACMM, Bangalore & to remand the above matter back to the Hon’ble 14th ACMM, Bangalore with a direction to try the matter a afresh.
This Crl.RP. coming on for orders this day, the Court made the following:-
ORDER The petitioner and the respondent are present along with their respective learned counsel. They have filed I.A.No.2/2017 for compounding the offence under Section 147 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’) read with Section 320(8) of the Code of Criminal Procedure, 1973.
2. Both the parties submit that they have settled their dispute and in view of the settlement, the judgment of conviction and sentence passed by the trial Court in C.C.No.35463/2010, dated 03.01.2014 is set aside.
3. The petitioner is acquitted of the offence punishable under Section 138 of the N.I. Act.
Accordingly, the Criminal Revision Petition is disposed off.
Sd/- JUDGE SMJ/GBB