IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION No.1039 of 2018 BETWEEN SRI BHASKAR RAO, S/O. LATE SRI NARAYAN RAO, AGED ABOUT 60 YEARS, RESIDING AT PHILIP D’SOUZA COMPOUND, HULI HADI ROAD, HANGLUR VILLAGE, KUNDAPURA TALUK – 576 201.
(BY SRI ANAND K.V., ADVOCATE FOR SRI NAGARAJA HEGDE, ADVOCATE) AND SRI MANJUNATHA, S/O. SRI KUPPA HARIJANA, AGED ABOUT 48 YEARS, RESIDING AT HALE ALIVE, KOTESHWARA VILLAGE, KUNDAPURA TALUK – 576 201. UDUPI DISTRICT.
(BY SRI RAJARAM SOORYAMBAIL, ADVOCATE) ... PETITIONER ... RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 02.07.2018 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA IN CRL.A.No.12/2013, AND THEREBY CONFIRMING THE JUDGMENT OF CONVICTION AND SENTENCE DATED 25.04.2011 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, KUNDAPURA IN C.C.No.1181/2003.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner and the respondent are present along with their respective learned counsel.
2. Learned counsel appearing on both sides submit that the parties have amicably settled their dispute and to that effect, they filed a joint compromise application under Section 147 of the Negotiable Instruments Act, 1881 (‘N.I.Act’ for short). Both the parties submit that they have settled their dispute as per the terms of the compromise application.
The same is placed on record. The joint compromise application I.A.No.1/2019 filed by both the parties is allowed.
3. In view of the settlement, the judgment of conviction and sentence dated 25.04.2011 passed in CC.No.1181/2003 by the Additional Civil Judge and JMFC, Kundapura and the judgment dated 02.07.2018 passed in Crl.A.No.12/2013 by the Additional District and Sessions Judge, Udupi (sitting at Kundapura), Kundapura, are set aside. The petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act.
The bail bond, if any, stands cancelled. The fine amount paid, if any, is ordered to be refunded to the petition after due identification.
Accordingly, the Criminal Revision Petition is disposed off.
A copy of this order be sent to the courts below along with LCR.
Sd/- JUDGE mv