IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL REVISION PETITION No.1030/2015 Between:
SRI N GANGADHARAPPA S/O NEELAKANTAPPA AGED ABOUT 42 YEARS NANDIHALLI CHITRADURGA TALUK CHITRADURGA DISTRICT – 577519. PRESENTLY RESIDING AT HOSAGENIKIHAL VILLAGE AND POST BELLARY TALUK AND DISTRICT PINCODE 583116. ..PETITIONER (BY SRI. H.K.KENCHEGOWDA, ADV.) AND:
H G AJJANNA S/O GURUSIDDAPPA AGED ABOUT 37 YEARS OCC: VETERINARY INSPECTOR R/AT ISAMUDRA HOBLI CHITRADURGA TALUK & DISTRICT PINCODE – 577519. ... RESPONDENT (BY SRI B PRAMOND, ADV.) THIS CRIMINAL REVISION PETITION IS FILED U/S.397 CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF CONVICTION AND SENTENCE IN CRL.A.NO.43/2012 DATED 01.07.2015 PASSED BY THE ADDL. DIST. AND S.J., CHITRADURGA AND THE ORDER OF CONVICTION AND SENTENCE IN C.C.NO.512/2007 DATED 10.02.2012 PASSED BY THE II ADDL. CIVIL JUDE AND JMFC, CHITRADURGA AND ETC.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The Revision Petitioner along with his counsel and respondent along with his counsel are present.
2. Both the parties have filed Memorandum of Compromise Petition under Section 147 of Negotiable Instruments Act, 1881 reporting the settlement between themselves. The respondent herein submits that he has already received an amount of Rs.2,90,000/- (Rupees Two Lakhs Ninety thousand Only) in full and final settlement in connection with cheque dispute between the parties. Respondent has also no objection to order for refund of the amount of Rs.30,000/- deposited by the petitioner in C.C.No.512/2007 on the file of 2nd Addl. Civil Judge and JMFC, Chitradurga.
3. In view of the above said compromise, there is no legal impediment to pass appropriate orders. Hence, the following:
ORDER Petition is allowed by virtue of the compromise entered into between the parties. The sentence passed by the 2nd Addl. Civil Judge and JMFC, Chitradurga in C.C.No.512/2007 dated 10.02.2012 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and affirmed by the Addl. District and Sessions Judge, Chitradurga in Cr.A.No.43/2012 dated 01.07.2015 are hereby set- aside. Consequently, the petitioner/accused is acquitted of the charges leveled against him under Section 138 of the Negotiable Instruments Act, 1881. The bail bonds executed by the petitioner and his surety are cancelled. Petitioner is entitled for refund of the amount of Rs.30,000/- deposited in C.C.No.512/2007 before the trial Court.
Sd/-
JUDGE Brn