IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL REVISION PETITION NO.1402 OF 2019 BETWEEN:
N.Sunil Kumar S/o Nagaraj Aged about 37 years Residing at No.1327, 4th Cross 5th Main, HMT Layout Nagasandra Post Bengaluru-560 073. …Petitioner (By Sri Vishwanath Kanavi, Advocate) AND:
Sri P.Bhaskar S/o Puttaswamy Aged about 40 years Residing at No.22/1, 11th Cross, 5th Main, Chowdappa Layout, Bapujinagar, Bengaluru-560 026. …Respondent (By Sri Ramesh Gowda K., Advocate) This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C praying to set aside the judgment of conviction and sentence dated 15.12.2016 in C.C.No.7297/2014, passed by the learned XVI Additional Chief Metropolitan Magistrate, Bengaluru City and to set aside the order dated 16.04.2019 in Criminal Appeal No.36/2017 passed by the learned LXIII Additional City Civil and Sessions Judge (CCH-64) at Bengaluru and dismiss the complaint and acquit the accused.
This Criminal Revision Petition coming on for Orders, this day the Court made the following:-
O R D E R Sri.N.Sunil Kumar, S/o Nagaraj, petitioner-accused and Sri.P.Bhaskar, S/o Puttaswamy, respondent- complainant, both are present before the Court along with their counsel.
2. Today, a Joint Memo has been filed for having compromised the matter amicably between the accused and the complainant. In the said Joint Memo it is stated that, matter is settled for a sum of Rs.8,00,000/- and petitioner-accused has already an amount of Rs.3,00,000/- to the respondent-complainant and the respondent- complainant acknowledges receipt of the same. Petitioner- accused has paid an amount of Rs.3,35,000/- today before the Court to the respondent-complainant and the same is acknowledged by the respondent-complainant. It is further stated that an amount of Rs.1,65,000/- has been deposited by the petitioner-accused before the Court below and he has no objection to release the said amount in favour of the respondent-complainant. The respondent-complainant submits that in view of the full settlement, he has no objection to acquit the accused by allowing the petition. The Joint Memo has been signed by both the parties and has been endorsed by their respective counsel.
3. The Joint Memo is taken on record.
4. In view of the settlement entered into between the parties, petition is allowed and the judgment of conviction passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.7297/2014 dated 15.12.2016 and subsequently confirmed by the LXIII Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.36/2017 by order dated 16.4.2019, are set aside. The petitioner-accused is acquitted of the charges leveled against him. The Court below is directed to release the amount of Rs.1,65,000/- to the respondent-complainant on proper identification and acknowledgement.
I.A.No.1/2019 does not survive for consideration.
Hence, it is disposed of.
Sd/- JUDGE bkp