IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION NO.329 OF 2016 BETWEEN:
SRI. G.MADHUKAR, AGED ABOUT 51 YEARS, R/O. NO.6-701, AISHWARYA LAKE VIEW RESIDENCY, 6TH CROSS, KAGADASAPURA, C.V. RAMAN NAGAR, BANGALORE-560 093. ... PETITIONER [BY SRI. KUMAR N.J., ADVOCATE] AND:
SRI. B.M.BHEEMAIAH, S/O. MACHAIAH, AGED ABOUT 65 YEARS, R/O. KAVERY FANCY STORES, NEAR BUS STAND, BALEHONNURU, N.R.PURA TALUK, CHIKKAMAGALURU DISTRICT-577 112. ... RESPONDENT [BY SRI. R.B.DESHPANDE, ADVOCATE] * * * THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SEC. 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER OF CONVICTION/SENTENCE PASSED IN C.C. NO.113/2009 DATED 25.10.2013 PASSED BY THE CIVIL JUDGE AND JMFC COURT AT N.R. PURA AND ALSO TO SET ASIDE THE ORDER OF II ADDL. S.J., CHIKKAMAGALURU IN CRL.A. NO.385/2013 DATED 07.01.2016.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER This revision petition is filed by the accused challenging the Judgment and Order of conviction and sentence passed in C.C. No.113/2009 dated 25.10.2013 by the Court of Civil Judge and JMFC at N.R.Pura, thereby convicting him for the offence punishable under Section 138 of the Negotiable Instruments Act [hereinafter referred to as ‘N.I. Act’ for short], which Judgment and Order was confirmed in Crl.A. No.385/2013 dated 07.01.2016 by the Court of II Additional Sessions Judge at Chikkamagaluru.
2. The leaned counsel appearing for both the parties have filed a joint memo signed by both the petitioner as well as the respondent, wherein it is stated that the parties have amicably settled the matter out of Court. It is submitted that the accused/petitioner has agreed to pay a sum of Rs.2,15,000/- to the complainant/respondent and he has already paid a sum of Rs.1,79,000/- out of the said amount.
It is further stated that a sum of Rs.36,000/- is in deposit before the trial Court and the same may be permitted to be withdrawn by the complainant/respondent.
3. The learned counsel for the petitioner further submits that the petitioner is a bona fide litigant and he had no intention to deny any payment to the respondent. He further submits that the cheque amount is Rs.1,50,000/- and the fine amount is Rs.1,80,000/-. However, the accused/petitioner has settled the matter for Rs.2,15,000/- with the complainant/respondent. Hence, he submits that a minimal cost may be imposed on the petitioner.
4. The joint memo is placed on record.
Considering the aforesaid facts and circumstances of the case and also considering the joint memo filed by the learned counsel appearing for both the parties, signed by both the accused/petitioner as well as the complainant/ respondent, I deem it appropriate to permit the parties to compound the offence by imposing a cost of Rs.10,000/- on the accused/petitioner. Accordingly, I pass the following:
ORDER The Judgment and Order dated 25.10.2013, passed in C.C. No.113/2009 on the file of the Court of Civil Judge and JMFC at N.R.Pura and the Judgment and Order dated 07.01.2016 passed in Crl.A. No.385/2013 on the file of the Court of II Additional Sessions Judge at Chikkmagaluru are hereby set aside.
The accused/petitioner is acquitted of the offence punishable under Section 138 of the N.I. Act.
The complainant/respondent is permitted to withdraw the amount of Rs.36,000/- said to be in deposit before the trial Court and the trial Court shall release the said amount in favour of the complainant on due verification/identification.
The accused/petitioner shall pay a cost of Rs.10,000/- [Rupees Ten Thousand Only] which shall be deposited with the Karnataka State Legal Services Authority and a copy of the receipt for having deposited the said amount shall be filed in the registry of this Court within a period of three weeks from today.
The revision petition is disposed off.
Sd/- JUDGE Ksm*