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.825/2015 C/W CRIMINAL REVISION PETITION NO.273/2016 In Crl.R.P. No.825/2015 BETWEEN:
Sri. S. Rajkumar, S/o A.L Subramanyam, Aged about 55 years, R/at No.180, 10th Cross, 3rd Stage, Gokulam, Mysuru, Nazarbad Mohalla, Mysuru – 570 002.
(By Sri. Vasanthappa, Advocate) AND:
Sri. P. Prabhuram, S/o Sri. Premaram, Aged about 58 years, R/at No.2645/5, 2nd Main, Temple Road, V.V. Mohalla, Mysuru – 570 001.
(By Smt. Bharathi. M., Advocate for Sri. Venkatesh R. Bhagat, Advocate) ... Petitioner ... Respondent This Crl.R.P. is filed U/S.397 R/W Section 401 of Cr.P.C., praying to set aside the judgment dated 07.08.2012 passed by IV Additional I Civil Judge and JMFC in C.C. No.2038/2007 by convicting the petitioner for the offence under Section 138 of N.I. Act and the petitioner herein is liable to pay Rs.10,30,000/- if the amount is paid by the petitioner herein, a sum of Rs.5,000/- is ordered to remitted as a fine to the state and also set aside the judgment passed in Crl.A. No.143/2012 dated 15.06.2015 passed by the V Additional District and Sessions Judge, Mysuru by confirming the order of trial Court.
In Crl.R.P. No.273/2016 BETWEEN:
Sri. P. Prabhuram, S/o Sri. Premaram, Aged about 65 years, R/at No.2645/5, 2nd Main, Temple Road, V.V. Mohalla, Mysuru – 570 001.
(By Smt. Bharathi M, Advocate for Sri. Venkatesh R. Bhagat, Advocate) AND:
Sri. S. Rajkumar, S/o A.L. Subramanyam, Aged about 59 years, R/at No.180, 10th Cross, 3rd Stage, Gokulam, Mysuru, Nazarbad Mohalla, Mysuru – 570 002.
(By Sri. Vasanthappa, Advocate) ... Petitioner ... Respondent This Crl.R.P. is filed U/S.397 R/W Section 401 of Cr.P.C., praying to set aside the judgment dated 07.08.2012 passed by IV Additional I Civil Judge and JMFC in C.C. No.2038/2007 in so far as awarding meager compensation and also set aside the judgment passed in Crl.A. No.169/2012 dated 15.06.2015 passed by the V Additional District and S.J., Mysore confirming the order of trial Court in so far as awarding meager compensation.
These Criminal Revision Petitions coming on for Reporting settlement, this day, the Court made the following:
O R D E R Sri. S. Rajkumar S/o A.L. Subramanyam is the petitioner/accused in Crl.R.P. No.825/2015 and respondent in Crl.R.P. No.273/2016 is present along with his counsel. Sri. P. Prabhuram S/o Sri. Premaram is the respondent/complainant in Crl.R.P. No.825/2015 and the petitioner in Crl.R.P. No.273/2016 is present along with his counsel. Today, they have filed a joint memo stating that the petitioner herein and respondents son P. Daljithram Chowdary have entered into a compromise in R.F.A. No.627/2013 dated 24.04.2019 before this Court. Accordingly, the appeal was decreed in terms of the compromise entered into between the parties.
2. The said memo is signed by both the petitioner and respondent, which was also endorsed by the learned counsel appearing for both the parties.
3. In the said compromise, the complainant/petitioner has agreed to withdraw the present revision petition No.273/2016 and also the petitioner/accused in Crl.R.P. No.825/2015 has also agreed to withdraw the petition in terms of the compromise entered into in R.F.A. No.627/2013.
4. It is further submitted by the petitioner/accused that an amount of Rs.5,17,500/- and another sum of Rs.1,00,000/- has been deposited by him in C.C. No.2038/2007. It is further submitted that in terms of settlement entered into, in R.F.A.
No.627/2013, the respondent/complainant has no objection to withdraw the said amount deposited before the learned Magistrate by petitioner/accused. In terms of the compromise, Criminal Revision Petition No.825/2015 and Criminal Revision Petition No.273/2016 are dismissed.
VBS CT:RG Sd/- JUDGE