IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION NO.1314 OF 2017 Between:
Ramesh P., S/o late Puttaih, Aged about 40 years, R/at No.659, Karthikeay Krupa, (Appa Mane), II Stage, Gnanabharathi Layout, Near Shivakumaraswamy Kalyana Mantapa, Sri.Matha Amruthamayi Road, Bengaluru – 56. ... Petitioner (By Sri.Shashidhara R., Advocate) And:
S.Shivakumar, S/o A.C.Shivalingaiah, Aged about 44 years, R/at No.78, 3rd Main, 17th Cross, Chandra Layout, Vijayanagar, Bengaluru – 40. ... Respondent (By Sri.S.R.Siddharatha, Advocate) This Criminal Revision Petition is filed under Section 397(1) read with 401 of Cr.P.C. praying to set aside the judgment passed by the learned LII Additional City Civil and Sessions Judge at Bangalore City (CCH-53) in Crl. Appeal No.1296/2015 dated 21.11.2017 confirming the judgment passed by the learned XXII Additional Chief Metropolitan Magistrate, Bengaluru City in C.C.No.3989/2015 dated 28.09.2015 and acquit the accused by allowing this revision.
This Criminal Revision Petition coming on for Orders this day, the Court made the following:
ORDER This Criminal Revision Petition is filed by the accused/petitioner challenging the judgment and order of conviction and sentence passed in C.C.No.3989/2015 dated 28.09.2015 on the file of the Court of XXII Additional Chief Metropolitan Magistrate, Bangalore City, and the judgment and order dated 21.11.2017 passed in Crl.A.No.1296/2015 on the file of the Court of LII Additional City Civil and Sessions Judge, Bangalore City (CCH-53).
2. The trial Court convicted the accused/petitioner for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 and sentenced him to pay a fine of Rs.2,000/- and in default of payment of fine, to undergo Simple Imprisonment for a period of two months. Further, awarded compensation of Rs.5,00,000/-
i.e. double the cheque amount to be paid to the complainant.
3. The learned Sessions Judge while allowing the appeal in part, confirmed the judgment and order of conviction and sentence passed by the trial Court and modified the sentence imposed by the trial Court and directed the accused to pay Rs.2,52,000/- and in default to undergo Simple Imprisonment for six months. Out of the fine amount, a sum of Rs.2,50,000/- was ordered to be paid to the complainant and to confiscate Rs.2,000/- to the State.
4. The learned counsel appearing for both the parties would submit that the matter has been settled and the complainant wishes to compound the offence in view of the said settlement.
5. A joint memo has been filed, signed by both the learned counsel, as well as the petitioner and respondent who are present before the Court. It is stated that with the intervention of elders and well wishers, the parties have agreed to resolve their dispute amicably without there being any coercion. It is submitted that a sum of Rs.1,26,000/- is in deposit before the trial Court and the petitioner has no objection for the respondent to withdraw the said amount as full and final settlement.
6. Both the parties have also filed their respective affidavits confirming the settlement in terms of the joint memo filed before this Court.
7. The learned counsel appearing for the petitioner submits, that petitioner was a bonafide litigant and he has no intention to deny any payment to the respondent. He further submits that the petitioner is a lone earning member in his family and he has to look after his wife and two minor children. His minor children are pursuing their studies. He submits that in view of the settlement between the parties before this Court, a minimum cost may be imposed.
8. Considering the entire facts and circumstances of the case and also considering the joint memo filed and also the affidavits filed by the respective parties, I pass the following order :
The impugned judgment and order dated 28.09.2015 passed in C.C.No.3989/2015 on the file of the Court of XXII Additional Chief Metropolitan Magistrate, Bangalore City, and the judgment and order dated 21.11.2017 passed in Crl.A.No.1296/2015 on the file of the Court of LII Additional City Civil and Sessions Judge, Bangalore City (CCH-53) are hereby set aside.
The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
The respondent – complainant is permitted to withdraw the amount of Rs.1,26,000/- which is in deposit before the trial Court and the same shall be released in his favour on due verification/identification.
The accused – petitioner to pay a cost of Rs.15,000/-. It shall be deposited with the State Legal Services Authority, Bengaluru, on or before 03.08.2019 and the petitioner shall file a copy of the receipt before the Registry.
The Criminal Revision Petition is disposed of.
I.A.1/19 is allowed.
Sd/- JUDGE Mgn/-