IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1301 OF 2019 BETWEEN:
Sri.H.L.Ramalingaiah, S/o late Ningaiah, Aged about 56 years, Residing at Junior College, V.C.Pharom, Mandya Taluk, Village and Hobli, Mandya Taluk – 571 404.
And also at Holalu Village, Dudda Hobli, Mandya Taluk – 571 404.
(By Sri.Kumar Ram.C.M, Advocate) AND:
Sri.Ningegowda S/o Gundegowda, Aged about 69 years, Residing at No.2930, 5th Cross, House of Dharma Semary Narayana, Gandhinagara,.
Mandya City – 571 404.
(By Sri.G.N.Dhananjaya, Advocate) ...Petitioner ...Respondent This Criminal Revision Petition is filed under Section 397 of Cr.P.C read with Section 401 of Cr.P.C praying to set aside the judgment of conviction and sentence dated 05.07.2008 passed by the Additional Civil Judge (Jr.Dn) and JMFC, Mandya in C.C.No.1194/2005 and confirmed by the judgment dated 07.10.2013 passed by the II Additional District and Sessions Judge, and C.C. of FTC, Mandya in Crl.A.No.75/2008 for the offence punishable under Section 138 of N.I. Act by allowing this Crl.RP. and etc.
This Criminal Revision Petition coming on for Orders, this day, the Court made the following:
O R D E R Learned counsel for both the parties have jointly filed an application I.A.No.3/2019 under Section 147 of the Negotiable Instruments Act read with Section 320 of Cr.P.C. It is also accompanied with the affidavit of the respondent-complainant.
2. Respondent-complainant Sri. Ningegowda, S/o Gundegowda, is present before the Court.
3. In the said application, it has been stated that after the confirmation of the order of the trial Court by the appellate Court, at the intervention of well wishers, the matter has been amicably resolved and parties have arrived at a settlement after 07.10.2013. By virtue of the said settlement, petitioner-accused has paid the cheque amount of Rs.50,000/- to the respondent-complainant in the month of December, 2013. The respondent, who is present before the Court acknowledges the receipt of the said amount in full and final settlement of the cheque amount.
4. It is further stated that the respondent- complainant has no objection to set aside the order of conviction passed by the Additional Civil Judge (Jr.Dn.) and JMFC, Mandya in C.C.No.1194/2005 dated 05.07.2008 and subsequently, confirmed by the II Additional District and Sessions Judge, Mandya in Criminal Appeal No.75/2008 dated 07.10.2013. The said application is signed by the learned counsel for both the parties and it is also endorsed by the respondent-complainant.
5. The said records have been placed on record.
Accordingly, the I.A.No.3/2019 is allowed.
6. In view of the settlement arrived at between the parties, the judgment of the Additional Civil Judge (Jr.Dn.) and JMFC, Mandya in C.C.No.1194/2005 dated 05.07.2008 subsequently, confirmed by the II Additional District and Sessions Judge, Mandya in Criminal Appeal No.75/2008 dated 07.10.2013 are set-aside and the accused is acquitted of the charges leveled against him under Section 138 of the Negotiable Instruments Act. The accused is set at liberty.
7. Consequently, the criminal revision petition stands disposed of.
8. The Registry is directed to intimate the operative portion of this order to the concerned jail authority to release the accused/petitioner forthwith, if he is not required in any other case.
In view of the disposal of the main petition, I.A.No.1/2019 does not survive for consideration. Hence, disposed of.
Sd/- JUDGE dn/-