IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.315/2014 BETWEEN:
SRI MARUTHI B.A.
SON OF ANJANAMURTHY G. AGED ABOUT 32 YEARS RESIDING AT NO.18 ANJANAADRI NILAYA KANDAYANAGARA ANNAPURNESHWARI NAGAR 5TH MAIN, NAGARABHAVI BANGALORE – 560 091. …PETITIONER (BY SRI NAVEENNANDA D.T., ADV.) AND:
SRI CHARLES JAMES LASARADO SON OF VICTOR NASARADO RESIDING AT NO.69 3 “K” CROSS, RAMAIAH LAYOUT KAMMANAHALLI BANGALORE – 560 084. ...RESPONDENT (BY SRI ROY ‘D’ SILVA, ADV.) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 AND 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATED 7.4.2014 PASSED BY THE P.O. AND ADDL.S.J., F.T.C.-III, MAYOHALL UNIT, BANGALORE IN CRL.A.NO.25077/2013 AND SET ASIDE THE JUDGMENT AND SENTENCE DATED 25.4.2013 PASSED BY THE XIV A.C.M.M., BANGALORE IN C.C.NO.35592/2010. PASS THE JUDGMENT AND ORDER OF ACQUITTAL BY ALLOWING THIS REVISION PETITION.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Both parties and Sri.Roy D’Silva, learned Counsel for the respondent present. A joint memo of settlement dated 12.4.2017 signed by both parties and their respective Counsel is filed. The joint memo reads thus:
“The Petitioner and the Respondent have arrived into Joint Settlement and submits as follows 1. It is submitted that the Respondent/Complainant has filed a complaint against the Petitioner/Accused for an offence punishable under section 138 of N.I.Act on the file of Hon’ble XIV ACMM, at Bangalore and the Hon’ble Court was pleased to convict the Petitioner/Accused vide its Judgment dated 25.04.2015 in C.C.No.35592/2010.
2. It is submitted that, aggrieved by the Judgment dated 25.04.2015, the Petitioner/Accused has preferred Criminal Appeal No.25077/2013 before the Hon’ble Court of Fast Track III (Sessions) Judge, Mayo Hall Unit, Bangalore. The same was dismissed on merits by the Hon’ble Court vide its order dated 07.04.2014.
3. It is submitted that, aggrieved by the Judgment dated 07.04.2014, the Petitioner/Accused has preferred Criminal Revision Petition before this Hon’ble Court. This Hon’ble Court was pleased to suspend the sentence vide its order dated 03.02.2015 in I.A.No.1/2014.
4. It is submitted that, due to the intervention of the friends and well wishers of both the parties, both the parties have arrived into settlement for Rs.4,25,000/- (Rupees Four Lakh Twenty Five Thousand only/-) as against to the disputed cheque amount of Rs.7,00,000.00 (Rupees Seven Lakh Only) as follow:
(A) The amount of Rs.4,25,000/- (Rupees Four Lakh Twenty Five Thousand only/-), Deposited by Petitioner/Accused before the Hon’ble Trial Court (Hon’ble XIV ACMM) in lieu of the above said Criminal Appeal and Criminal Revision Petition can be withdrawn by the Respondent/Complainant and the Petitioner/Accused has no objection to do so.
(B) Both the parties have mutually agreed for the settlement for Rs.4,25,000/- (Rupees Four Lakh Twenty Five Thousand only/-) which shall be the full and final settlement as agreed between the parties.
(C) Both the parties have endorsed their signature along with their respective counsel on record for settlement.
Wherefore, both the parties pray that this Hon’ble Court may be pleased to record the settlement and dispose the case accordingly, to meet the ends of justice”.
2. Sri.Roy D’Silva, learned Counsel for the respondent submits that Sri.Naveennanda.D.T., learned Counsel for the petitioner, due to his personal inconvenience could not be present before the Court and requested him to make representation on behalf of both parties.
3. Both parties admit the execution and contents of the joint memo.
In view of the above, the revision petition is allowed. The judgment of conviction and sentence recorded by the XIV Addl.CMM., Bangalore, in C.C.No.35592/2010, is set aside.
The petitioner/accused is acquitted of the charge under Section 138 of the Negotiable Instruments Act.
The respondent/complainant is permitted to withdraw the amount of Rs.4,25,000/- deposited by the petitioner/accused before the Trial Court.
KNM/-
Sd/- JUDGE