IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.RP. NO. 489/2012 BETWEEN SRI. SANNAPPA, S/O KENCHEGOWDA AGED ABOUT 46 YEARS F NO 256,FIRE STATION,KADUR, CHIKMAGALUR DIST-577548 ... PETITIONER (BY SRI. RAJENDRA S., ADV. FOR SRI. S. V. PRAKASH, ADV.) AND SMT. G. LAKSHMAMMA, W/O T. GOVINDA, AGED ABOUT 54 YEARS, C/O T. G. LATHA,JUNIOR SYSTEM ANALYST, HOUSE NO. PF 22/2, KPC COLONY, JOGFALLS, SAGAR TALUK, SHIMOGA DIST-577 435 ... RESPONDENT (BY SRI. M. RAVINDRANATH, ADV. FOR SRI. DAYANAND S. PATIL, ADV.) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 08.03.2012 PASSED BY THE P.O., F.T.C., SAGAR IN CRL.A.NO.127/2011 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 18.08.2011 PASSED BY THE SR. C.J. & J.M.F.C., SAGAR IN C.C.NO.96/2007 AND DISMISS THE COMPLAINT LODGED BY THE RESPONDENT.
THIS CRL.RP COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The parties and their counsels are present before the court. Both the counsels have filed a Joint Memo stating that the parties have compromised the matter and compounded the offence punishable u/s.138 of Negotiable Instruments Act.
2. Heard the learned counsel appearing for the parties and perused the records.
3. It is seen from the records that the parties have already filed an application u/s.147 of the Negotiable Instruments Act before the Principal Senior Civil Judge and JMFC, Sagar, in CC No.129/2007 and partially paid an amount of Rs.1,45,000/- agreed to pay the remaining amount of Rs.1,05,000/- before this court while compromising the matter in CC No.96/2007.
4. Today, the petitioner is making payment of Rs.1,05,000/- by way of DD No.039688 dated 4.11.2017 of Bank of Baroda, drawn in favour of the respondent. The respondent who is present before the court acknowledges the receipt of DD for Rs.1,05,000/- and she has agreed to pass appropriate order on the Joint Memo filed by the parties.
In view of the facts and circumstances of the case, as the matter being settled between the parties, there is no legal impediment to record the same and quash the proceedings and set aside the order as prayed for. Hence, I pass the following:
ORDER Joint Memo filed by the parties is accepted and the same is taken on record. Consequently, the Revision petition is allowed, the sentence passed by the trial Court in CC No.96/2007 dated 18.08.2011 for the offence punishable under section 138 of the Negotiable Instruments Act and also the order passed in Criminal Appeal No.127/2011 dated 8.3.2012 by the FTC, Sagar, is hereby set aside.
Accordingly, the petitioner is acquitted of the charges leveled against him u/s.138 of the Negotiable Instruments Act. The bail bond executed by the petitioner and the surety bond executed by the surety are hereby stands cancelled. The amount if any, deposited by the petitioner before the trial Court or/and before this court shall be released in favour of the petitioner/accused.
Sd/-
JUDGE PL*