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.713/2014 BETWEEN:
S.S. Hiremata S/o Shivamurthy Aged about 50 years Range Forest Officer Door No.636, 27th Main 15th Cross, 2nd Stage, J.P. Nagar Mysore-570 001.
.…Petitioner (By Sri Chandrakanth R. Patil, Advocate for Sri A. Mohammed Tahir, Advocate) AND:
Sri Nagarajanayaka S/o late Muddanayaka Aged about 48 years Agriculturist R/a Maraduru Farm House Kasaba Hobli, Hunsur Taluk-571 105.
(By Sri V.R. Sarathy, Advocate) … Respondent This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C praying to set aside the order of conviction dated 07.08.2014 passed by the III Additional Sessions Judge, Mysore in Criminal Appeal No.38/2014 and the order of conviction dated 26.12.2013 passed by the Civil Judge and JMFC, Hunsur, in C.C.No.126/2009 and allowing this Criminal Revision Petition which is necessary.
This Criminal Revision Petition coming on for Admission, this day the Court made the following:-
O R D E R The petitioner/accused Sri.S.S.Hiremata and respondent/complainant Sri.Nagarajanayaka are present before the Court. The learned counsels appearing for the parties are also present. They have filed memorandum of application seeking for compromise under Section 147 of the Negotiable Instruments Act reporting the settlement entered into between the parties. The said memo is signed by both the petitioner/accused and the respondent/complainant along with their counsels.
2. When the parties who are present before the Court are questioned, they submitted that they have entered into compromise voluntarily as per the advise of the elders and without there being any force or undue influence. It is submitted by the learned counsel for the respondent/complainant that the matter has been amicably settled for a sum of Rs.2,50,000/- and an amount of Rs.1,00,000/- has already been received by the respondent/complainant in pursuance of the order passed by this Court and an amount of Rs.1,50,000/- is deposited by the petitioner/accused before this Court and it is agreed that the same has to be paid to the respondent/complainant.
3. The learned counsel for the petitioner on instructions of his client who is present before the Court submits that the petitioner admits the compromise entered into between the parties and he further submits that he has no objection to release Rs.1,50,000/- deposed by him before this Court in favour of respondent/complainant.
4. It is further submitted by the learned counsel for the respondent/complainant that in view of the compromise entered into between the parties under Section 147 of Negotiable Instruments Act, he has no objection to set aside the order of conviction and acquit the petitioner/accused.
5. The said submission has been placed on record and the petition is disposed of in terms of the compromise entered into between the petitioner/accused and the respondent/complainant and the order of conviction and sentence passed by the Civil Judge and JMFC, Hunsur, in C.C.No.126/2009 dated 26.12.2013 and confirmed by III Additional Sessions Judge, Mysore, in Criminal Appeal No.38/2014 dated 7.8.2014 are set aside and the petitioner/accused is acquitted of the charges levelled against him.
6. Registry is directed to pay Rs.1,50,000/- deposited by the petitioner/accused to the respondent/complainant on proper identification and acknowledgement in terms of the compromise.
*AP/-
Sd/- JUDGE