IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.111 OF 2015 BETWEEN:
R. Venkatesh S/o Late Patel Ramaiah Aged about 50 years, R/a Thigalachowdadenahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District-562 106.
(By Sri. Chandrashekara K.A, Advocate) AND:
H. Shankar, S/o Late Hanumantha Gowda, Aged about 55 years, R/at Varthur, Varthur Hobli, Bengaluru-560 087.
(By Sri. F.S.Dabali, Advocate) ...Petitioner ...Respondent This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C., praying to set aside the order of conviction and sentence dated 17.05.2014 passed by learned II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in C.C.No.3777/2009 and confirmed by the learned Principal Sessions Judge, Bengaluru Rural District, Bengaluru dated 22.01.2015 vide Crl.A.No.32/2014 and to acquit the petitioner/accused for the offence punishable under Section 138 of N.I. Act.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner-accused Sri.R.Venkatesh, son of late Patel Ramaiah, respondent-complainant Sri.H.Shankar, son of late Hanumantha Gowda, are present before the Court along with their counsel.
2. Today, they have filed an application under Section 147 of Negotiable Instrument Act, 1881 read with 320(6) and (8) of Cr.P.C. to compound the offence. The said application is signed by both the accused- petitioner and respondent-complainant. It is also endorsed by both the counsel appearing for parties.
3. Both the parties submit that they have amicably settled the matter for a total sum of Rs.3,75,000/- (Three lakhs seventy five thousand only) as against Rs.4,50,000/-(Four lakhs fifty thousand only). The petitioner-accused has submitted that the amount of Rs.2,25,000/-(Two lakhs twenty five thousand only) is already in deposit before the court below and he has no objection to withdraw the said amount by respondent-complainant. He has also agreed that he will pay/deposit the balance amount of Rs.1,50,000/-(One lakh fifty thousand only), on or before 30.11.2015, before learned II Additional Chief Judicial Magistrate, Bengaluru. The respondent- complainant submits that he is ready to receive Rs.2,25,000/-, which is in deposit before the court below and he will also receive the subsequent amount of Rs.1,50,000/- immediately after the deposit of the said amount. He has no objection to acquit the accused for the alleged offence.
4. The said compromise is taken on record. In view of the compromise entered into between the parties, the judgment of II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in C.C.No.3777/2009 dated 17.05.2014 subsequently, confirmed by the learned Principal Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.A.No.32/2014 dated 22.01.2015 are set aside and the accused is acquitted of the charges leveled against him in this case. The trial Court is directed to release the amount of Rs.2,25,000/- (Two lakh twenty five thousand), in deposit in favour of the respondent- complainant on proper identification and acknowledgment and after deposit of Rs.1,50,000/-(one lakh fifty thousand), as agreed by the accused, the same may also be paid to the respondent-complainant on proper identification and acknowledgment.
5. In view of the compromise entered into between the parties, the petition is disposed off.
Registry is directed to send back the lower court records. The bail bond stands cancelled.
Sd/- JUDGE ag