IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE K. NATARAJAN CRIMINAL REVISION PETITION NO.737 OF 2016 BETWEEN:
SRI H.T. BASAVARAJ S/O. MARE GOWDA, MAJOR IN AGE, 1147, 2ND MAIN ROAD, 9TH CROSS, KALYANA NAGAR, T. DASARAHALLI, BANGALORE.
AND:
(BY SRI G. JAIRAJ, ADV.) SMT. LAKSHMAMMA W/O. LATE KRISHNAPPA, AGED ABOUT 48 YEARS, NO.189, 8TH CROSS, 2ND MAIN, PANCHASHEELA NAGAR, MOODALAPALYA, BANGALORE.
(BY SRI RAMESHA K.R., ADV.) * * * ... PETITIONER ... RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE XXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN CRIMINAL CASE NO.30404 OF 2010 DATED 22-9-2015 AND JUDGMENT PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, IN CRIMINAL APPEAL NO.1306 OF 2015 DATED 13-5-2016 AND ACQUIT THE PETITIONER.
THIS CRIMINAL REVISION PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner and the respondent are present along with their respective learned counsel.
2. Learned counsel appearing on both side submit that the parties have amicably settled their dispute and to that effect, they have filed I.A. No.1 of 2019, a joint compromise application under Section 147 of the Negotiable Instruments Act, 1881. Both the parties submit that they have settled their dispute as per the terms in the joint compromise application.
3. The same is placed on record. I.A. No.1 of 2019, the joint compromise application, is allowed.
4. In view of the compromise entered into between the parties, the criminal revision petition is allowed. The judgment of conviction and order of sentence dated 22-9-2015 passed in Criminal Case No.30404 of 2010 by the XXIII Additional Chief Metropolitan Magistrate, Bengaluru and confirmed by the LXVIII Additional City Civil and Sessions Judge, Bengaluru, in Criminal Appeal No.1306 of 2015 dated 13-5-2016 are hereby set aside. The petitioner-accused is acquitted of the charges leveled against him for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
5. Bail bond, if any, shall stand cancelled.
Rs.21,000/- said to have been deposited by the petitioner in the trial Court and Bank Guarantee of Rs.52,500/-
furnished by the petitioner in the First Appellate Court are ordered to be released to the respondent on proper identification and acknowledgment.
Sd/- JUDGE kvk