IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL REVISION PETITION No.578 OF 2016 BETWEEN:
SRI N.R.NARAYANA S/O LATE RAMAIAH, AGED ABOUT 61 YEARS, RETIRED ASSISTANT FIRE STATION OFFICER, FACTORY CIRCLE, DODDABALLAPURA, PIN CODE – 561 203. ...PETITIONER (BY SRI ARUN GADAG, ADVOCATE) FOR SRI SHRIDHARA .K – ADVOCATE) AND:
SRI H.R.RANGASWAMY, S/O RAMAIAH, AGED ABOUT 46 YEARS, RESIDENT OF NO.24, ‘A’ MAIN, 4TH CROSS, MUNESHWARA BLOCK, PALACE GUTTAHALLI, BENGALURU – 560 080. ...RESPONDENT (BY SRI N.R.GIRISH, ADVOCATE) THIS CRIMINAL REVISION PETITION FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED AGAINST THE PETITIONER ON 17.09.2014 BY THE XV A.C.M.M., BENGALURU IN C.C.NO.2080/2011 AND ALSO SET ASIDE THE JUDGMENT AND ORDER DATED 10.02.2016 PASSED IN CRL.A.NO.1320/2014 ON THE FILE OF LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though this criminal revision petition is listed for admission, with the consent of the learned appearing for both the parties, the matter is taken up for final disposal whereas the parties have settled their issues and to that effect have filed a joint application under Section 147 of N.I. Act r/w 320(8) of Cr.P.C.
2. This criminal revision petition is filed challenging the judgment and order of conviction dated 17.09.2014 passed by the XV Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.2080/2011 and confirmed by the City Civil and Sessions Judge (CCH- 67), Bengaluru in Crl.A.No.1320/2014 vide judgment dated 10.07.2016.
3. The factual matrix of the case are as under:
The rank of the parties are referred as they were referred before the Trial Court.
The complainant and accused are friends and in that acquaintance, accused had borrowed a sum of Rs.1,50,000/- from the complainant in the month of January, 2010. Subsequently, the accused issued two cheques for Rs.1,00,000/- and another cheque for Rs.50,000/- dated 16.09.2010. When the said cheques were presented for encashment by the complainant, they were returned unpaid by the Bank with an endorsement “Funds insufficient”. Thereafter, the complainant proceeded with the legal proceedings against the accused and filed C.C.No.2080/2011. The Trial Court by its order dated 17.09.2014 convicted the accused for the offence punishable under Section 138 of N.I. Act. On an appeal being filed by the accused, the First Appellate Court confirmed the order of conviction and sentence passed by Trial Court by its order dated 10.02.2016 in Crl.A.No. 1320/2014. Being aggrieved by the said orders, the petitioner filed the present revision petition.
4. At the intervention of the well-wishers and friends, the parties have settled the inter-se dispute between themselves and have filed a joint application under Section 147 of N.I. Act r/w 320(8) of Cr.P.C, wherein the petitioner has agreed to pay a sum of Rs.70,000/- to the respondent in full and final settlement by way of cash.
The said amount has been paid by the petitioner to the respondent before this Court and the same is acknowledged by the respondent. Consequently, the joint application filed by the parties is accepted.
5. In view of the above, I proceed to pass the following:
ORDER The criminal revision petition filed by the accused/petitioner is allowed.
The judgment and order of conviction dated 17.09.2014 passed by the XV Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.2080/2011 and confirmed by the City Civil and Sessions Judge (CCH-67), Bengaluru in Crl.Appeal No.1320/2014 vide its judgment dated 10.07.2016, are hereby set aside.
Consequently, the accused/petitioner is hereby acquitted for the offence punishable under Section 138 of N.I. Act.
Sd/-
JUDGE DH