IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL REVISION PETITION No.1271/2018 BETWEEN:
Smt. S.A. Dilshad Begum W/o Rafeeq Ahmed Aged about 41 years Teacher, Government Urdu Higher Primary School, Devegowdanagara, Kasaba Hobli, Hassan-573 201.
(By Sri P. Mahesha, Advocate) AND:
T. Rangegowda S/o late Thimmegowda Aged about 67 years 4th Cross, 2nd Main Road Hemavathinagara Extension Hassan-573 201 (By Sri B.N. Shivakumar, Advocate) …Petitioner … Respondent This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C praying to set aside the impugned order passed by the learned III Additional District and Sessions Judge, Hassan, in Criminal Appeal No.238/2017 dated 11.10.2018, and the judgment and order of conviction passed by the learned II Additional Civil Judge and JMFC, Hassan, in CC No.6215/2015 dated 02.08.2017.
This Criminal Revision Petition coming on for Admission this day, the Court made the following:-
O R D E R Petitioner Smt.S.A.Dilshad Begum W/o Rafeeq Ahmed and respondent/complainant T.Rangegowda S/o late Thimmegowda are present before the Court. The learned counsel appearing for the parties are also present. Both the counsel have filed memo of compromise entered into between the parties under Section 147 of the Negotiable Instruments Act. The parties who are present before the Court submitted that they entered into compromise without force, undue influence or coercion.
2. The respondent/complainant submits that he has already received an amount of Rs.3,00,000/- in the form of cash and he has no objection to set aside the order of conviction and acquit the accused. He further submitted that an amount of Rs.60,500/- has been deposited by the petitioner/accused before the Court below and he has no objection to pay the same to the petitioner.
3. The said memo has been placed on record and it signed by both the petitioner/accused and respondent/complainant along with their counsels.
4. In terms of the compromise entered into between the parties, the conviction order passed by II Additional Civil Judge and JMFC, Hassan in C.C.No.6215/2015 dated 2.8.2017 confirmed by III Additional District and Sessions Judge, Hassan in Criminal Appeal No.238/2017 dated 11.10.2018 are set aside and the petitioner/accused are acquitted of the charges levelled against her.
The petition is disposed of in terms of the compromise entered into between the parties.
The trial Court is directed to return an amount of Rs.60,500/- deposited by the petitioner/accused on her proper identification and acknowledgement in accordance with law.
*AP/-
Sd/- JUDGE