IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.39/2019 Between:
Shivanna S/o Krishnappa Aged about 55 years Driver, CITB Commissioner’s Vehicle, Gopala Gowda Badavane, Gopala, Shivamogga …Petitioner (By Sri.Vinay N, Advocate for Sri Manmohan P.N, Advocate) And:
Smt. Jayasheela K.R W/o Bheemashekar Gowda Aged 40 years R/at 7TH Cross, Sharavathi Nagar Shivamogga – 577 201 … Respondent (By Sri.B.S.Hadimani, Advocate) This Criminal Revision Petition is filed under Section 397 & 401 of Cr.P.C., pleased to set aside the judgment and order dated 06.09.2018, p[assed in C.C.No.784/2013, passed by the Court of JMFC-2 Shivamogga and set aside the judgment and order dated 24.12.2018 passed in Criminal Appeal NO.82/2018, passed by the III Additional Sessions Judge at Shivamogga and allow this RP.
This Criminal Revision Petition is coming on for Orders, this day, the Court made the following:
O R D E R Shri Shivanna S/o.Krishnappa, Driver, CITB Commissioner’s Vehicle, Shivamogga is present along with his counsel. Smt.Jayashyeela K.R W/o.Bheemashekar Gowda, Shivamogga is present along with her counsel.
2. Though the matter was heard by this Court on 20.11.2019 and the order was also dictated in the open Court by dismissing the revision petition. At that time, the learned counsel for the petitioner-accused submitted that the negotiation is going to be held for settling the case amicably between the accused and the complainant.
3. Though the said order has been dictated in the open Court and was transcribed but it was not yet signed. Today, they have filed an application under Section 147 of Negotiable Instruments Act, 1881, for having compounded the case in between them. The said application has been signed by both the petitioner- accused and the respondent-complainant and the same has been endorsed by both the counsel. It is also accompanied with the affidavit of the accused and the complainant.
4. In the said compromise petition it has been mentioned that in pursuance of the intervention of the well-wishers and relatives, the petitioner-accused has agreed to pay a sum of Rs.4,40,000/- to the respondent-complainant by way of three demand drafts drawn on Corporation Bank, Shivamogga. It has been also mentioned that a demand draft for a sum of Rs.3,50,000/- bearing No.148228 dated 22.11.2019 and another demand draft for a sum of Rs.50,000/- bearing No.148229 dated 22.11.2019 and another demand draft for a sum of Rs.40,000/- bearing No.148230 dated 22.11.2019 have been handed over to the respondent. The respondent-complainant who is presented before the Court acknowledges the same.
5. It is further contended that the amount of Rs.1,50,000/- has been deposited by the petitioner- accused before the Court below and he has no objection to withdraw the same by the respondent-complainant.
6. It is further contended by the respondent that she has no objection to allow the revision petition and to set aside the judgment and order dated 06.09.2018 passed by the trial Court in view of the compromise petition and to acquit the accused.
7. The said compromise petition was placed on record and in pursuance of compromise entered into between the parties, the order dated 20.11.2019 passed by this Court is recalled and the judgment of sentence passed by the Court of JMFC-2, Shivamogga in C.C.No.784/2013 dated 06.09.2018 subsequently confirmed by the III Additional Sessions Judge, Shivamogga in Crl.A.No.82/2018 dated 24.12.2018 are set aside and accused-petitioner is acquitted of the charges leveled in those cases.
8. In pursuance of the compromise petition, the revision petition is disposed of in terms of compromise petition.
9. The trial Court has directed to disburse Rs.1,50,000/- to respondent-complainant on proper identification and acknowledgment.
Registry is directed to sent back LCR forthwith.
HB/-
Sd/- JUDGE