IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.615/2019 BETWEEN:
Sri. Bettaswamy, Son of Ganganna, Aged about 51 years, Residing at Krishnappa Layout, 3rd Cross, ‘A’ Block, Opposite SBM Bank, Kaggalipura, Kanakapura Road, Bengaluru-560 082. ... Petitioner (By Sri.Nagaiah, Advocate) AND:
Sri.Hanumegowda, Son of Shivanagappa, Aged about 42 years, Residing at No.216, K.Choodahalli, Somanahalli Post, Kanakapura Road, Bengaluru-560 082. ... Respondent (By Sri.Chandrashekar.P.Patil, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C., praying to set aside both the impugned judgments and order of conviction and dismiss the complaint.
This Criminal Revision Petition is coming on for Orders, this day, the Court made the following:
O R D E R The petitioner/accused Sri. Bettaswamy S/o Ganganna and respondent/complainant Sri. Hanumegowda S/o Shivanagappa are present along with their counsel. Today, they have filed a joint memo reporting that the matter has been amicably settled between the parties, the petitioner/accused has agreed to pay a sum of Rs.8,00,000/- and the respondent/complainant has also agreed to receive the same for full and final settlement as against the claim of Rs.15,00,000/-. Today, the petitioner/accused has paid two cheques bearing No.1) 865992 dated 29.07.2019 for a sum of Rs.4,00,000/- 2) 865125 dated 01.01.2020 for a sum of Rs.1,00,000/- of Karnataka Bank Limited in the name of respondent/complainant. The respondent agrees to receive the said amount as and when they become due.
2. It is the submission of the learned counsel for the petitioner/accused that they have already kept the said amount in deposit before the concerned bank. It is further agreed that an amount of Rs.3,00,000/- is there in deposit before the Court below and the petitioner/accused has no objection to withdraw the same by the respondent/complainant on proper identification and acknowledgment. It is further submitted by the learned counsel for the respondent/complainant that he has no objection to compound the offence and acquit the accused.
3. Both the parties have filed the joint memo dated 07.08.2019 which is signed by them and their counsel. The said memo is taken on record.
4. In view of the compromise entered into between the parties, the judgment of conviction passed by the II Chief Judicial Magistrate, Bengaluru District, Bengaluru in C.C.No.6321/2013 dated 26.11.2015 and consequently, confirmed by VII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.A.No.23/2016 by its judgment dated 25.03.2019 are set-aside and the petitioner/accused is acquitted for the offence punishable under Section 138 of N.I.Act. The observation made by the trial Court ‘and default’ be read as ‘on default’, the trial Court is directed to release an amount of Rs.3,00,000/-, which is in deposit in favour of respondent/complainant on proper identification and acknowledgment.
In terms of compromise entered into between the parties, the criminal revision petition is disposed of.
Sd/- JUDGE NR/-