IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.995 /2017 BETWEEN:
Sri Gangadhara S/o late Dasaiah Aged about 54 years, Head Guard, VRL Factory, Near R.V.College, 8th Mile, Kengeri, Bengaluru – 560 059.
(By Sri Basavaraju M.S., Advocate) ...Petitioner AND:
Smt. C.J. Shanthamma W/o J. Gopal Aged about 67 years, R/at No.40, 1st Main, Subbanna Garden, Vijayanagar, Bengaluru – 560 040. …Respondent (By Sri K. Manohara Chari, Advocate) This Criminal Revision Petition is filed under Section 397 read with Section 401 of Criminal Procedure Code praying to set aside the judgment and order passed in Crl.A.No.1421/2016 dated 22.08.2017 passed by the LXVI Additional City Civil and Sessions Judge, Bengaluru and to set aside the judgment and order passed in C.C.No.13538/2014 dated 02.12.2016 passed by the learned XXIII Additional Chief Metropolitan Magistrate, Bengaluru and acquit the petitioner/accused by dismissed the complaint.
This Criminal Revision Petition coming on for Hearing on Interlocutory Application, this day, the Court made the following:
O R D E R Petitioner-accused Sri Gangadhar Son of late Dasaiah present along with his counsel and respondent- complainant Smt. C.J.Shanthamma present along with her counsel.
Both the learned counsel have filed a joint memo for having amicably settled the matter voluntarily between the parties. The petitioner-accused and the respondent-complainant who are present before the Court submits that they have voluntarily entered into the compromise and they have signed the said joint memo.
The said memo is endorsed by the learned counsel for the petitioner and respondent. As per the said settlement the accused has agreed to pay an amount of Rs.1,70,000/- towards full and final settlement and respondent-complainant has also agreed to receive the same. It is further submitted that the petitioner has already deposited an amount of Rs.1,00,000/- before the XXXIII Additional Chief Metropolitan Magistrate Court, Bengaluru and accused-petitioner has not having any objections to withdraw the said amount by respondent-complainant on proper identification and acknowledgement. It is further agreed that the rest of the amount of Rs.70,000/- will be paid by the accused- petitioner on or before 13.10.2019 failing which the respondent is entitled to receive a total cheque amount of Rs.2,00,000/- with a fine amount of Rs.50,000/-.
The said joint memo is placed on record. In terms of the said joint memo the petition is disposed of and the judgment of conviction and order of sentence passed by XXXIII Additional Chief Metropolitan Magistrate Court, Bengaluru in C.C.No.13538/2014 dated 02.12.2016 confirmed by LXVI Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.1421/2016 dated 22.08.2017 are set aside and the accused- petitioner is acquitted of the charges leveled against him under Section 138 of NI Act.
Respondent-complainant is permitted to withdraw the amount of Rs.1,00,000/- on proper identification and acknowledgement. If the accused-petitioner does not pay the remaining amount of Rs.70,000/- before 13.10.2019, the liberty has been given to respondent- complainant to revive the present petition.
I.A.No.2/2019 does not survive for consideration, the same is disposed of.
GJM Sd/- JUDGE