IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.RP. NO. 711/2016 BETWEEN MALLAIAH, S/O PUTTA ADAVAPPA, AGED ABOUT 70 YEARS, R/AT NO. DASANAKATTE VILLAGE, BALUVANERALU POST, HONNAVALLI HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT - 572 202. ... PETITIONER (BY SRI. AKRAM PASHA K., ADV.) AND M. MADAIAH, S/O PATEL M. MARIYAPPA, AGED ABOUT 67 YEARS, R/O OBBENASANDRA VILLAGE, DABBEGHATTA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. ... RESPONDENT (BY SRI. JEETHU R. S., ADV.) THIS CRL. RP IS FILED U/S 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER AND JUDGMENT PASSED IN C.C.NO.69/2012 DATED 13.10.2014 PASSED BY THE CIVIL JUDGE AND JMFC, TURUVEKERE AND IN CRL.A.NO.10047/2014 DATED 23.02.2016 PASSED BY THE V ADDL. DIST. ADN S.J., TIPTUR.
THIS CRL. RP COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner and his counsel, respondent and his counsel present. Both have filed an application u/s.147 of the Negotiable Instruments Act, submitting that both the parties have compromised the matter. The respondent submits that he has no objection to pass an appropriate order in this regard.
2. The respondent – complainant submits that he and the petitioner have amicably settled the dispute between themselves. Out of fine amount of Rs.2,00,000/-, the respondent has agreed to receive Rs.1,00,000/- as full and final settlement. The respondent further declares that he has no claim of whatsoever against the petitioner apart from the above said settled sum of Rs.1,00,000/-. Further, the respondent has no objection to release the deposited amount of Rs.2,500/- before the trial Court and the petitioner is entitled for refund of Rs.2,500/-.
3. As there is no legal impediment to quash the proceedings, in view of the above terms, I pass the following:
ORDER The petition is allowed. The application filed u/s.147 of the Negotiable Instruments Act is accepted. The sentence passed by the trial Court in CC No.69/2012 dated 13.10.2014 passed by the Civil Judge & JMFC, Turuvekere and modified in Criminal Appeal No.10047/2014 dated 23.2.2016 passed by the V Addl. District and Sessions Judge, Tiptur, for the offence punishable under section 138 of the Negotiable Instruments Act is hereby set-aside. The bail bond and surety bond executed by the petitioner are hereby cancelled.
Sd/-
JUDGE PL*