IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.589 OF 2019 BETWEEN:
Sri. Mahendra Kumar, M/s Associate Inc (India) Proprietor, No.29/1, 72nd Cross, 17th ‘E’ Main Road, Rajajinagar 5th Block, Bengaluru-560 010 ...Petitioner (By Sri. Raghavendra C, Advocate) AND:
Smt. K. Girijamma, W/o Sri. A.N. Krishnamurty Aged about 60 yearfs, R/at No.129, “Harsha Nivas”, 3rd Stage, 2nd Block, Basaveshwaranagar, Bengaluru-560 079.
...Respondent (By Sri. B.C.Chetan, Advocate) This Criminal Revision Petition is filed under Section 397 of Criminal Procedure Code, praying to set aside the judgment and sentence dated 12.03.2019 passed in Crl.A.No.962/2016 by the LXIV Additional City Civil and Sessions Judge, Bengaluru and set aside the judgment dated 25.07.2016 passed by the XIII Additional A.C.M.M., Bengaluru in C.C.NO.28705/2014.
This Criminal Revision Petition coming on for Orders, this day, the Court made the following:
O R D E R The petitioner-accused Sri. Mahindra Kumar along with his counsel is present. Smt. K. Girijamma, respondent-complainant along with his counsel is present.
2. Today, they have filed an application under Section 397 of Cr.P.C for having amicably settled the dispute between the complainant and the accused. The petitioner-accused has agreed to pay a sum of Rs.1,74,000/- to the respondent-complainant for full and final settlement of the cheque amount. The respondent-complainant has agreed to receive the same and to compound the offences.
3. Today, the learned counsel for the petitioner- accused has given the demand draft drawn on ICICI Bank bearing No.504025 dated 08.07.2019 for a sum of Rs.1,04,000/-. The respondent-complainant, who is present before the Court acknowledges the receipt of the said demand draft. It is also agreed that the petitioner- accused has no objection to withdraw the amount in deposit before the Court below to the extent of Rs.70,000/-, on proper identification and acknowledgment. The respondent-complainant has also agreed to withdraw the same. The said application is also accompanied with the joint affidavit of both the complainant and the petitioner-accused and the same has been signed by the accused as well as the complainant and endorsed by their counsel. The said compromise has been placed on record.
4. In view of the settlement entered into by the parties, the complainant submits that she has no objection to acquit the accused by allowing the appeal.
5. In the light of the settlement arrived at between the parties, the judgment of conviction and the order of sentence passed by the XIII Additional Chief Metropolitan Magistrate Court, Bengaluru, in C.C.No.28705 of 2014 dated 25.07.2016, confirmed by LXIV Additional City Civil and Sessions Judge, Bengaluru, in Criminal Appeal No.962/2016 dated 12.03.2019 are set aside and the petitioner-accused is acquitted of the charges leveled therein.
Accordingly, Criminal Revision Petition is disposed of.
Sd/- JUDGE ag