IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1214/2019 BETWEEN:
Sri S.B.Krishnaiah S/o Late S.B.Bhyrappa, Aged about 63 years, R/at Door No.7, 5th Cross, 10th Main, 4th Phase, 7th Block, BSK III Stage, Bengaluru-560 085. ... Petitioner (By Smt. S.B.Lakshmi, Advocate) AND:
Sri T. R. Ramaiah S/o Rangashamaiah, Aged about 72 years, R/o No.34, 3rd Main Road, 1st Stage, 2nd phase, Manjunatha Nagara, West of Chord Road, Bengaluru-560 010. ... Respondent (By Smt. K.B.Jayalakshmi, Advocate) This Criminal Revision Petition is filed under Section 397 R/W Section 401 of Cr.P.C., praying to set aside the judgment dated 03.09.2019 passed by the LIX Additional City Civil and Sessions Judge, Bengaluru (CCH-60) in Crl.A.No.1688/2018 and the judgment dated 01.08.2018 passed by the VIII Addl. SCJ & XXXIII Addl.C.M.M., Member-MACT (SCCH-5), Bengaluru in C.C.No.79885/2009.
This Criminal Revision Petition is coming on for Orders, this day, the court made the following:
O R D E R Sri S.B.Krishnaiah, S/o Late S. B. Bhyrappa present before this Court along with his counsel Smt. S.B.Lakshmi.
2. Sri T. R. Ramaiah, S/o Rangashamaiah present before this Court along with his counsel Smt. K.B.Jayalakshmi.
3. Registry is directed to print the name of Smt. K.B.Jayalakshmi, learned counsel appearing for respondent.
4. Today, both the parties are present before this Court and filed the compromise memo dated 02.12.2019, reporting settlement arrived between the parties. The said compromise memo states that the matter has been amicably settled between the petitioner/accused and respondent/complainant for a full and final settlement for a sum of Rs.3,00,000/-. Petitioner/accused handed over the cash of Rs.2,80,000/- to the respondent/complainant. Respondent/complainant also acknowledges the same for having received the said amount. They have also agreed that the remaining amount of Rs.20,000/- has already deposited before the trial Court. Petitioner/accused has no objection to withdraw the said amount by the respondent/complainant whereas, the respondent/complainant submits that he has no objection to allow the petition and to acquit the petitioner/accused.
5. The compromise memo is taken on record.
6. The said compromise memo has been signed by the petitioner/accused and respondent/complainant and the same has been endorsed by both the counsels.
7. By accepting the compromise petition, the judgment of conviction and order of sentence passed by the XXXIII Additional Chief Metropolitan Magistrate, Bengaluru City (SCCH-5) in C.C.No.79885/2009 dated 01.08.2018, subsequently confirmed by the LIX Additional City Civil and Sessions Judge, Bengaluru City in Crl.A.No.1688/2018 dated 03.09.2019 are hereby set aside and petitioner/accused is acquitted of the charges leveled against him.
8. The trial Court is directed to release the amount of Rs.20,000/- to the respondent/complainant on proper identification and acknowledgment.
In terms of the compromise memo, petition is disposed of.
Sd/- JUDGE HA/-