IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL. RP. NO. 978/2017 BETWEEN K. K. SURESH, S/O K. B. KRISHNEGOWDA, AGED ABOUT 57 YEARS, R/O NADUVINAMADAKAL VILLAGE, HESGAL POST, MUDIGERE TALUK, CHIKKAMAGALUR DIST - 577101 ... PETITIONER (BY SRI. GIRISH B. BALADARE, ADV.) AND ASLAM, S/O ABDUL BEARY, R/O J. M. ROAD, MUIGERE AT AND POST, CHIKKAMAGALUR DIST-577101 ... RESPONDENT (BY SRI. H. T. JAGADISH, ADV.) THIS CRL. RP IS FILED U/S. 397 & 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 1.9.2017 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKAMGALURU IN CRL.A.NO.164/2014 BY MODIFIED BY THE JUDGMENT DATED 16.12.2014 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., MUDIGERE IN C.C.NO.808/2010 AND THE PETITIONER TO BE ACQUITTED FOR THE OFFENCE ALLEGED AGAINST HIM.
THIS CRL. RP COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri H.T. Jagadeesh, learned Advocate files vakalath on behalf of respondent.
2. The petitioner and his counsel, respondent and his counsel are present before the court. Both the parties have filed Joint Memo u/s.147 of Negotiable Instruments Act. Heard the parties and their counsel. Perused the records.
3. The respondent submits that he has no objection to quash the proceedings or to pass an appropriate order on the Joint Memo filed. The execution of the Joint Memo filed u/s.147 of the Negotiable Instruments Act read with Section 482 of Cr.P.C. is hereby accepted, as the matter has been settled between the parties. There is no legal impediment to quash the proceedings.
4. In view of the submissions made and the Joint Memo filed, I pass the following:
ORDER The Petition is allowed. Joint Memo filed u/s.147 of Negotiable Instruments Act is hereby accepted. Consequently, the sentence passed in CC No.808/2010 dated. 16.12.2014 on the file of the Principal Civil Judge & JMFC, Mudigere and confirmed in Criminal Appeal No.164/2014 on the file of the Principal District and Sessions Judge, Chikkamagaluru, for the offence punishable under section 138 of the Negotiable Instruments Act are hereby set aside. Petitioner/accused is acquitted. An amount of Rs.2,50,000/-, which is in deposit before the trial Court is ordered to be released in favour of the complainant/respondent herein. The bail bond executed by the petitioner and the surety shall stand cancelled.
Sd/-
JUDGE PL*