IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.565/2016 Between:
Sri.N.Santharam Pai, Aged 69 years, S/o.H.Narayana Pai, R/a Srinagar, Jog Road, Sagara Town, Sagara, Shivamogga District-577 401. ... Petitioner (By Sri.P.P.Hegde, Advocate) And:
Sri. Umesh, Aged 52 years, S/o.Puttaswami Gowda, R/a Masoor Pete, Sagar Taluk, Shivamogga District-577 401. ... Respondent (Respondent served and unrepresented) This Crl.RP is filed under Section 397 read with 401 of Cr.P.C., praying to set aside the judgment of conviction dated 14.02.2014 passed in C.C.No.368/2010 by the Addl. Civil Judge and JMFC, Sagar and also set aside the judgment passed by the V Addl. District and S.J., Shivamogga (sitting at Sagar) in Crl.A.No.49/2014 dated 11.04.2016 and acquit the accused/petitioner herein.
This Crl.RP is coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner/accused.
2. Learned counsel for the petitioner/accused has filed an application under Section 147 of the Negotiable Instruments Act, 1881 (‘Act’ for short)stating that as per the advise of the elders and well wishers, both the parties have amicably settled the case between them. It is further stated that the complainant has voluntarily agreed to receive a sum of Rs.65,000/- in full and final settlement as against Rs.90,000/- and the petitioner/accused has agreed to pay a sum of Rs.65,000/-. The respondent/complainant has already received the said amount in cash and compounded the case. Though the application has been filed under Section 147 of the Act and the same has been signed by both the petitioner/accused as well as the respondent/complainant and it has also been endorsed by the learned counsel appearing for the petitioner/accused as well as the respondent/complainant. But today, neither the petitioner/accused nor the respondent/complainant is present before the Court.
3. Under the said facts and circumstances, liberty has been given to file the said compromise petition before the Court below in the event if any execution proceedings is filed.
4. Accordingly, the petition is dismissed.
Registry is directed to send back the lower court records forthwith.
In view of dismissal of the main petition, I.A.No.1/2019 does not survive for consideration. Accordingly, I.A.No.1/2019 is disposed of.
Sd/- JUDGE NR/RG