IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.800/2015 Between:
Lokeshwar @ Lokesh S/o Ramachandra Now aged about 39 years R/at Hosahalli Village SRPTW Belagola Hobli Srirangapatna Taluk Mandya District-571438. ...Petitioner (By Sri K.A. Chandrashekara, Advocate) And:
Raju S/o Chowda Gowda Now aged 48 years R/at No.53, ‘Manasa Nilaya’, Government Hospital Triveninagara, T.Narasipura Town Mysuru District-571124. ... Respondent (By Sri M.N. Madhusudhan, Advocate) This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C., praying to set aside the order of conviction and sentence dated 01.10.2014 passed by the Sr.C.J. and J.M.F.C., T.Narasipura in C.C.No.6/2011 and the judgment and order dated 06.07.2015 passed by the V Additional District and Sessions Judge, Mysuru in Crl.A.No.220/2014 for the offence punishable under Section 138 of N.I. Act and to acquit the petitioner/accused and etc., This Criminal Revision Petition coming on for Admission this day, the Court made the following:
ORDER The petitioner/accused-Lokeshwar @ Lokesh s/o Ramachandra is present before the Court along with his counsel.
2. The respondent/complainant-Raju s/o Chowde Gowda is present along with his counsel.
3. They have filed an application under Section 147 of Negotiable Instruments Act read with 320 (6) and (8) of the Cr.P.C. for having compounded the offence. The said petition has been singed by both the petitioner/accused and the respondent/complainant and the same has been endorsed by the learned counsel appearing for both the petitioner/accused as well as the respondent/complainant.
4. It is stated in the said compromise petition, the petitioner and respondent have amicably settled the dispute and the petitioner/accused has agreed to pay a sum of Rs.80,000/- in favour of respondent/complainant towards full and final settlement of the claim of the respondent/complainant. The respondent also agrees for the same. Today, he has received a sum of Rs.50,000/- from the petitioner/accused. He acknowledges the same. The petitioner/accused submits that he has already deposited an amount of Rs.50,000/- before the learned Civil Judge (Sr.Dn) and J.M.F.C., T.Narasipura and he has no objection to withdraw an amount of Rs.30,000/- by the respondent/complainant. The respondent who is present before the Court submits that he has no objection to allow the revision petition and acquit the accused. The said compromise has been taken on record and in terms of the compromise petition entered into between the parties, the sentence imposed by learned Civil Judge (Sr.Dn), T.Narasipura in C.C.No.6/2011 dated 01.10.2014 subsequently, confirmed by V Additional District and Sessions Judge, Mysuru in Criminal Appeal No.220/2014 dated 06.07.2015 are set aside and the petitioner/accused is acquitted for the charges leveled against accused/petitioner under Section 138 of Negotiable Instruments Act.
The trial Court is directed to refund an amount of Rs.30,000/- deposited by the petitioner/accused in terms of the compromise on proper identification and acknowledgment to the complainant. Remaining amount of Rs.20,000/- has to be refunded to the petitioner/accused.
In terms of the compromise, the I.A.No.1/2019 is allowed and the criminal revision petition is disposed and bail bonds are cancelled.
ssb Sd/-
JUDGE