IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL REVISION PETITION No.1000/2017 BETWEEN:
Shivakumar Swamy S/o Manjegowda Aged about 51 years Occ: FDA, M.C.E. College Salagame Road Hassan-573 201.
(By Sri Dineshkumar K. Rao, Advocate for Sri R.B. Deshpande, Advocate) AND:
Veerajegowda S/o late Devegowda R/o Ravindra Nagara Hassan-573 201 Hassan Taluk & District.
(By Sri Girish B. Baladare, Advocate) …Petitioner …Respondent This Criminal Revision Petition is filed under Sections 397 and 401 of Cr.P.C praying to set aside the judgment and order dated 19.06.2017 passed by the V Additional District and Sessions Judge, Hassan, in Criminal Appeal No.182/2016 and the judgment and order dated 09.08.2016 passed by the Principal Civil Judge and Judicial Magistrate First Class, Hassan, in C.C.No.524/2012 (Convicted for the offence punishable under Section 138 of Negotiable Instrument Act) and acquit the petitioner of charges leveled against him.
This Criminal Revision Petition coming on for Orders, this day the Court made the following:-
O R D E R The learned counsel appearing for the parties have filed an application under Section 147 of Negotiable Instruments Act for compounding the offence.
2. The petitioner/accused Shivakumar Swamy S/o Manjegowda and respondent/complainant Sri.Veerajegowda S/o late Devegowda are present before the Court. They submit that they have voluntarily entered into a compromise at the instance of well wishers without there being any force or threat. The said compromise petition has been signed by petitioner/accused as well as the respondent/complainant along with their counsels. To the said application a joint affidavit of both the accused as well as the complainant has been filed. It is stated in the said application that the matter has been amicably settled and the amount in dispute has been paid to the respondent/complainant in full and final settlement. The respondent who is present along with his counsel admit that he has received the cheque amount in terms of amicable settlement. He further submits that he has no objection to set aside the order of conviction and acquit the accused.
3. In view of the settlement entered into between the parties, the said application is placed on record and the sentenced imposed by Principal City Civil Judge and JMFC, Hassan, in C.C.No.524/2012 dated 9.8.2016 confirmed by 5th Additional District and Sessions Judge, Hassan in Criminal Appeal No.182/2016 dated 19.6.2017 are set aside and accused is acquitted of all the charges.
4. It is submitted by the learned counsel for the petitioner that in terms of the order of this Court, an amount of Rs.1,00,000/- has been deposited before the trial Court. The respondent and the learned counsel for the respondent submits that already he has received the settled amount and he has no objection to return the said amount which has been deposited by the petitioner/accused.
5. In view of the said submission, the trial Court is directed to release the amount in deposit made by the petitioner/accused on his proper identification and acknowledgement in accordance with law.
Accordingly, the application IA No.1/2019 is allowed. Consequently, the Criminal Revision Petition is disposed of in terms of the compromise.
Sd/- JUDGE *AP/-