IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION No. 779/2018 BETWEEN:
PRASANNA RAO, S/O K.P. RAO, AGED ABOUT 38 YEARS, R/AT FLAT NO.304, KENT COURT, APARTMENT, OLD KENT ROAD, PANDESHWAR, MANGALURU, D.K.DISTRICT – 575 001.
(BY SRI. RAJESH RAI K, ADVOCATE) AND:
BIPIN RAI, S/O DURGAPRASAD RAI, AGED ABOUT 39 YEARS, R/AT PRASAD NILAY, 1ST FLOOR, JAYASHREE GATE, BIKARNAKATTE, MANGALURU, D.K.DISRICT – 575 008.
... PETITIONER ... RESPONDENT (BY SRI. CHANDRAHAS RAI B, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENTS PASSED IN CRL.A.NO.184/2016, DATED 02.06.2018 PASSED BY III ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE AND THE CONVICTION ORDER DATED 30.11.2016 AND SENTENCE PASSED IN C.C.NO.968/2014 BY THE JMFC(IV COURT), AT MANGALORE.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner as well as the respondent.
2. Learned counsel for both the parties have filed an application in IA NO.1/2018 under Section 147 of the Negotiable Instruments Act 1881 read with Section 320(6) of Cr.P.C. for compounding the offences.
3. Learned counsel for the respondent agrees that the matter has been amicably settled by the parties.
In view of the settlement arrived into by the parties, IA No.1/2019 is allowed.
4. In view of the compounding of the offence, the judgment of conviction and sentence passed by the JMFC (IV Court), at Mangalore in C.C.No.968/2014 on 30.11.2016 and the same being upheld by the III Additional District and Sessions Judge, Kakshina Kannada, Mangalore in Crl.A.no.184/2016 on 02.06.2018 are hereby set aside. The petitioner is acquitted for the offence u/s 138 of Negotiable Instrument Act 1881 and bail stands cancelled.
The respondent-complainant is permitted to withdraw/receive the amount in a sum of Rs.63,000/- deposited by the petitioner in the trial court.
Accordingly, petition stands disposed off.
SD/- JUDGE Bsv