IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL. RP. NO.1394/2015 BETWEEN SR.B.VITTAL KAMATH, AGED ABOUT 76 YEARS, S/O LATE MANJUNATH KAMATH, R/AT #9-37, "SHRI RATHNA", MAHALAXMI NAGAR, AMBAGILU, NEAR TALUK & DIST.
UDUPI 575 001. ... PETITIONER (BY SRI. YASHODAR SHETTY, ADV. FOR SRI. NATARAJA BALLAL, ADV.) AND M/S SRIRAM TRANSPORT FINANCE CO.LTD., REG. OFFICE 123, ANGAPPA NAICKEN STREET, CHENNAI-1, BRANCH OFFICE AT 2ND FLOOR, RAJ TOWERS, CITY BUS STAND, UDUPI, REP. BY GPA HOLDER, PRAKASH MESTA, AGED ABOUT 47 YEARS, S/O HONNAPPA, ASST. MANAGER S.T.FC. LTD., MANGALURU PRESENTLY WORKING AT KUNDAPUR BR.
... RESPONDENT (BY SRI.H. R. NARAYANA RAO., ADV. FOR SRI. RAJESWARA P. N., ADV.) THIS CRL. RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT IN CRL.A.NO.37/2014 DATED 25.11.2015 ON THE FILE OF THE PRL. S.J., UDUPI DIST., UDUPI AND C.C.NO.1495/2012 ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, UDUPI DATED 28.03.2014 AND ACQUIT THE PETITIONER.
THIS CRL. RP COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner’s counsel and one Sri Gurish K.V., an authorized person for the respondent is present before the court. Both of them have filed a Memo of Settlement stating that the respondent has agreed to receive the amount deposited by the petitioner before the courts below in full and final settlement of the claims against the respondent.
2. In view of the settlement entered into between the parties, there is no legal impediment to quash the proceedings pending against the petitioner. Hence, I pass the following:
ORDER The Revision Petition is allowed. Memo of Settlement dated 15.12.2017 filed by the parties are taken on record. The sentence passed by the III Addl. Civil Judge & JMFC, Udupi in CC No.1495/2012 dated 28.3.2014 and confirmed in Criminal Appeal No.37 of 2014 dated 25.11.2015 on the file of the Principal Sessions Judge, Udupi, is hereby set aside. Consequently, the petitioner/accused is acquitted of the charges leveled against him for the offence punishable under section 138 of Negotiable Instruments Act. The bail bond executed by the petitioner and the surety stands cancelled. The petitioner has no objection to release the amount in deposit before the trial Court in favour of the respondent herein. Hence, the trial Court is hereby directed to release the amount in deposit in favour of the respondent herein (complainant before the trial Court).
Sd/-
JUDGE PL*