IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE K. NATARAJAN CRIMINAL REVISION PETITION NO.243 OF 2019 BETWEEN:
K. KADRIVEL S/O. LATE KANNAIAHAN, AGED ABOUT 44 YEARS, RESIDING AT NO.9, VYSYA BANK COLONY, REVENUE LAND, 5TH CROSS, J.P. NAGARA 1ST PHASE, BENGALURU.
AND:
(BY SRI A.N. RADHA KRISHNA, ADV.) SMT. MADAMMA W/O. LATE DARMALINGAM, AGED ABOUT 55 YEARS, RESIDING AT NO.157, 15TH MAIN, 2ND STAGE, MAHADESWARANAGAR, BTM LAYOUT, BENGALURU.
... PETITIONER ... RESPONDENT (BY SRI M. NAGARAJA, ADV.) * * * THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN CRIMINAL CASE NO.50425 OF 2010 DATED 3-3-2016 CONFIRMED AND MODIFIED IN CRIMINAL APPEAL NO.412 OF 2016 ON THE FILE OF THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU, DATED 17-1-2019.
THIS CRIMINAL REVISION PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri M. Nagaraja, learned counsel, files vakalath for the respondent.
2. The petitioner and the respondent are present along with their respective learned counsel.
3. Learned counsel appearing on both side submit that the parties have amicably settled their dispute and to that effect, they have filed a joint compromise application under Section 147 of the Negotiable Instruments Act, 1881. Both the parties submit that they have settled their dispute as per the terms in the joint compromise application.
4. The same is placed on record. The joint compromise application is allowed.
5. In view of the compromise entered into between the parties, the criminal revision petition is allowed. The judgment of conviction and order of sentence dated 3-3-2016 passed in Criminal Case No.50425 of 2010 by the XX Additional Chief Metropolitan Magistrate, Bengaluru, and confirmed and modified by the LX Additional City Civil and Sessions Judge, Bengaluru, in Criminal Appeal No.412 of 2016 dated 17-1-2019 are hereby set aside. The petitioner-accused is acquitted of the charges leveled against him for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
6. Bail bond, if any, shall stand cancelled. If the petitioner has deposited any fine amount before the Court below, the same is ordered to be refunded to him on proper identification and acknowledgment.
In view of the disposal of the main revision petition, I.A. No.1 of 2019 filed for suspension of sentence and bail does not survive for consideration. Accordingly, I.A. No.1 of 2019 is disposed off.
SD/- JUDGE kvk