IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.SOMASHEKAR CRIMINAL REVISION PETITION No.747 OF 2011 BETWEEN:
1 . SRI N SHANKAR S/O S NARAYANAN AGED ABOUT 61 YEARS R/AT NO.290, V V NAGAR SUBRAMANYAPURA POST BANGALORE 2 . SMT SUSHEELA SHANKAR W/O N SHANKAR AGED ABOUT 60 YEARS R/AT NO.290, V V NAGAR SUBRAMANYAPURA POST BANGALORE (BY SRI JEEVAN J NEERALGI, ADVOCATE) AND:
SRI J SUBRAMANIAN S/O LATE S JAYARAMAN AGED ABOUT 49 YEARS R/AT NO.562, 8TH MAIN, 3RD CROSS, VIJAYA BANK LAYOUT BANNERGHATTA ROAD BANGALORE ...PETITIONERS …RESPONDENT (BY SRI SHIVASHARANAPPA J PATIL, ADVOCATE FOR SRI D P SHIVAPRASAD & SRI SANTHOSH S NAGARALE, ADVOCATES) THIS CRIMINAL REVISION PETITION IS FILED U/S.397(1) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 03.02.2011 PASSED BY THE P.O., FTC-V, BANGALORE IN CRL.A.NO.732/2008 AND SET ASIDE THE ORDER DATED:2.8.08 PASSED BY THE XVI ACMM, BANGALORE IN C.C.NO.28860/06.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER This Criminal Revision Petition is filed challenging the judgment rendered by the court below in Crl.A.No.732/2008 dated 03.02.2011, whereby the appellate court dismissed the appeal and confirmed the judgment of conviction and order of sentence passed by the trial court in C.C.No.28860/2006 dated 02.08.2008.
2. The factual matrix of this case is as under:
The respondent herein is the complainant who has initiated proceedings against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.28860/2006. In order to prove the guilt of the accused PW1 Jayaramaiah.S was examined. But during the course of the trial, the complainant died, therefore, his son was brought on record. Exs.P1 toP14 are got marked.
3. Subsequent to closure of the evidence of the complainant the statement as contemplated under Section 313 of Cr.P.C. has been recorded whereas the accused has denied the evidence. Subsequently the accused were entered the witness box and examined themselves as DWs.1 to DW3 and got marked Exs.D1 to D5 in order to establish their case.
4. After hearing the arguments advanced by the learned counsel for the complainant so also defence counsel in C.C.No.28860/2006, the trial court convicted the accused by appreciating the evidence adduced by the complainant. The same has been challenged before the First Appellate Court in Crl.A.No.732/2008, whereby the appeal came to be dismissed confirming the judgment of conviction and order of sentence rendered by the trial court in C.C.No.28860/2006 dated 02.08.2008. This judgment has been challenged in this revision petition.
5. In the meanwhile, the petitioners who are said to be accused and the respondent, who is son of the deceased original complainant were present and filed an application i.e., I.A.No.1/2018 under Section 147 of the Negotiable Instruments Act, 1881 r/w Section 320(8)Cr.P.C.
6. In the application, it is stated that this criminal revision petition is filed challenging the judgment dated 03.02.2011 rendered by the court below in Crl.A.No.732/2008, whereby the appellate court dismissed the appeal confirming the judgment of conviction and order of sentence rendered by the trial court in C.C.No.28860/2006 dated 02.08.2008.
7. It is further stated in the application that the petitioners and respondent herein have entered into compromise by intervention of well wishers, the respondent has agreed to receive the amount in deposit in Karnataka Bank Ltd., It is in Fixed Deposit deposited by the petitioners on 14.10.2008 in a sum of Rs.97,500/- relating to the case in C.C.No.28860/2006 where the petitioners are convicted for the offence punishable under Section 138 of Negotiable Instruments Act. The respondent herein be permitted to receive the aforesaid amount with interest up to date by giving up the claim of the respondent whatever against the petitioners. The petitioners and the respondent herein have agreed to the said terms of compromise arrived between them and both the parties have agreed without any threat, coercion and undue influence. Accordingly both the petitioners and the respondent are seeking for consideration of the said I.A.No.1/2018 and disposal of this petition in terms of the settlement arrived and seeking for acquittal of the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act.
8. The petitioners and the respondents said to be the LRs of deceased defendant complainant are present and they have been apprised of the settlement arrived at between the parties, as narrated in the application filed by them. Therefore, it is appropriate to allow I.A.No.1/2018. Consequently the judgment rendered by the First Appellate Court in Crl. A.No.732/2008 dated 03.02.2011 so also the judgment of conviction and order of sentence rendered by the trial court in C.C.No.28860/2006 dated 02.08.2008 requires to be set aside. Accordingly, I proceed to pass the following ORDER The Criminal Revision Petition is hereby allowed. Sequentially, the judgment rendered by the first appellate court in Crl.A.No.732/2008 dated 03.02.2011 and so also the judgment of conviction and order of sentence in C.C.No.28860/2006 dated 02.08.2008 are hereby set aside. Consequently, the petitioners/accused are hereby acquitted of the offence punishable under Section 138 of Negotiable Instruments Act.
Sd/- JUDGE KLY/