IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.773/2017 Between:
M.G. Lingaraju, S/o late Guru Dasappa, 62 years, Private Bus Agent, R/o Opposite KSRTC Bus Stand, Head Post Office Road, Chitradurga Town – 577 501. ...Petitioner (By Sri. R.Shashidhara, Advocate) And:
B.Prasad, S/o Basavaraj, Age 32 years, C/o B.Nagaraja, Siddarameshwar Circle, Burujanahatti, Chitradurga Town – 577 501. ...Respondent (By Sri. N.R. Rangegowda, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C. praying to set aside the judgment dated 19.04.2017 passed by the Spl.
II Addl. District and Sessions Judge, Chitradurga in Crl.A.No.68/2015 confirming the judgment dated 23.09.2015 passed by the Prl. Civil Judge and J.M.F.C., Chitradurga in C.C.No.367/2012 and acquit the accused by allowing this Crl.R.P.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner-Sri M.G. Lingaraju son of late Guru Dasappa, is present. Respondent-Complainant Sri. B Prasad s/o Basavaraj is also present. Learned counsel for both parties are present.
2. Learned counsel for the petitioner has filed an application under Section 147 of the Negotiable Instruments Act, 1881 reporting the compromise entered into between the petitioner-accused and respondent-complainant, which is supported by the affidavit of the petitioner-accused. It is stated in the accompanying affidavit to the application that both of them have amicably settled the dispute and he has paid the entire cheque amount of Rs.45,000/- bearing No.55865 dated 5.5.2011 to the respondent- complainant towards full and final settlement of the amount due to him.
3. The respondent-complainant present before this Court submits that he has received the said amount towards full and final settlement in respect of the cheque amount.
4. Said submission is taken on record along with the affidavit accompanying the application.
5. In terms of the above settlement entered into between the parties, the petition is disposed of as settled out of court. The respondent-complainant has no objection to set aside the judgment dated 19.4.2017 in Crl.A.No.68/2015 passed by the Spl. 2nd Addl. District & Sessions Judge, Chitradurga, confirming the judgment and order of conviction and sentence dated 23.9.2015 in C.C.No.367/2012 passed by the Prl. Civil Judge & JMFC., Chitradurga. Accordingly the same is set aside in view of compromise entered between the parties.
Sd/- JUDGE Psg*