IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE K. NATARAJAN CRIMINAL REVISION PETITION NO.33 OF 2016 Between:
Sri. C.P. Divakar, S/o. Late Puttaswamy, Aged About 37 Years, M/s. Yuvaraja Tractor Authorized Tractor Dealer & Distributors, No.55/B, Near Sterling Theatre, Vishveshwaraiah Nagara, Mysore-570 001. ...Petitioner (By Sri. V.B. Siddaramaiah, Advocate) And:
Sri. K.Ramakrishna S/o. Late Kalegowda, Aged About 64 Years, R/at H. Kodihalli Village, Kasaba Hobli, Mandya Taluk, Mandya District-571 401. ...Respondent (By Sri. A.P. Pulakeshi, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C praying to set aside the Judgment dated 15.12.2015 on the file of the V Additional District and Sessions Judge, Mandya passed in case bearing No.Crl.A.No.26/2015 and the Judgment dated 18.03.2015 passed by the JMFC, Mandya in case bearing No.C.C.No.252/2010.
This Criminal Revision Petition coming on for Orders, this day, the Court made the following:
O R D E R Both the counsel for the petitioner as well as respondent have appeared before the Court and filed a joint compromise application under Section 320 of Cr.P.C. read with Section 147 of Negotiable Instruments Act, 1881.
2. Both the parties are present and admit the settlement between them and in view of the settlement, the compromise entered into by the parties is accepted.
3. In view of the settlement between the parties, the judgments of conviction and sentence passed by the trial Court and confirmed by the appellate Court are hereby set aside. The petitioner is acquitted for the charges punishable under Section 138 of Negotiable Instruments Act, 1881. The entire amount of Rs.55,000/- already deposited before the trial Court by the petitioner is ordered to be released in favour of respondent on proper identification. Accordingly, petition stands disposed off.
SD/- JUDGE DS/Gbb