IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE K. NATARAJAN CRIMINAL REVISION PETITION NO.283/2014 Between:
Mrs. Kaveri, W/o. Bahucha, Aged about 33 years, R/at Haleyur Village, Bylakuppe Post, Periyapatna, Pin 571 104. ... Petitioner (By Sri. S. Nova Bethania, Advocate) And:
Mr. Ramakrishna.C, S/o. Cheluvaiah, Aged about 38 years, R/at Chennakallu Kavalu Village, Haranahalli Hobli, Periyapatna Taluk, Mysore Dist - 571 104. ... Respondent (By Sri. A.Manjunath, Advocate, for Sri. Rohith Gowda, Advocate,) This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C praying to set aside the order dated:14.03.14 passed by the Prl. Dist. and Sessions Judge, Mysore in Crl.A.No.253/12 and order dated:12.12.12 passed by the Civil Judge and JMFC, Periyapatna in C.C.No.305/11.
This Criminal Revision Petition coming on for Final Hearing, this day, the Court made the following:
O R D E R Both the parties are present.
2. Counsel for the parties have filed a compromise application under Section 147 of the Negotiable Instruments Act, 1881 and both the parties have agreed to settle the matter amicably by way of compromise entered into between them.
3. In view of the settlement between the parties, the application under Section 147 of Negotiable instruments Act is allowed. In view of the compromise, the judgment dated 14.03.2014 in Crl.A.No.253/2012 passed by the Hon’ble 5th Addl. District and Sessions Judge, Mysore, by confirming the judgment of conviction and sentence passed by the trial Court in C.C.No.305/2011 dated 12.12.2012 passed by Civil Judge (Jr. Dvn) & JMFC at Periyapatna are hereby set aside. The petitioner is acquitted for the charges under Section 138 of NI Act.
4. The petitioner has deposited Rs.80,000/- before the trial Court and Rs.2,40,000/- deposited in Bank. Out of the said amount, it is ordered to release Rs.3,00,000/- to the respondent-complainant. Out of FDR, the remaining interest accrued from FDR and amount deposited in trial Court is ordered to be released to the petitioner-accused, with proper identification.
Accordingly, petition is disposed off.
Sd/- JUDGE DS