IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL REVISION PETITION NO.1166 OF 2019 BETWEEN:
SRI.VIJAYA KUMAR V., S/O VENKATARAMANAPPA, AGED ABOUT 41 YEARS, R/AT NO.27, 5TH CROSS, 2ND MAIN, DODDAGOWDANAPALYA, BENGALURU – 560 061.
PRESENT AT:
RESIDING AT NO.23, 19TH MAIN, REVENUE LAYOUT, PADMANABHANAGAR, BENGALURU – 560 070. ... PETITIONER (BY SRI.R.V.ANAND, ADVOCATE) AND:
SRI.H.THIMMAPPA GOWDA, S/O R.HANUMAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO.484, 12TH MAIN ROAD, MUNESHWARA BLOCK, SRINAGAR, BENGALURU – 26. ... RESPONDENT (BY SRI.KAMALESHWARA POOJARY, ADVOCATE) THIS CRL.R.P IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 05.12.2018 IN C.C.NO.18698/2017 ON THE FILE OF THE XII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND ALSO ORDER DATED 16.07.2019 PASSED IN CRL.A.NO.09/2019 ON THE FILE OF THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I. ACT ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER Petitioner- Vijayakumar V, S/o Venkataramanappa, along with his counsel is present before the Court. Sri. Thimmappa Gowda, S/o R.Hanumaiah, is also present along with his counsel.
2. Today, an application under Section 147 of Negotiable Instrument Act,1881 and Section 320(2) of Criminal Procedure Code, is filed reporting compromise.
3. The said application is signed by the petitioner as well as the respondent and the same has been endorsed by the learned counsel appearing for the parties.
4. In the said compromise, it is stated that the matter has been amicably settled at the intervention of relatives and well- wishers. The petitioner has agreed to pay a sum of Rs.8,00,000/- towards full and final settlement and the respondent has agreed to receive the same. It is further stated that a sum of Rs.2,00,000/- has been paid through D.D.No.484401 dated 21/10/2019 drawn on State Bank of India in favour of respondent and another sum of Rs.2,00,000/- paid through D.D.No.484405 dated 21/10/2019 drawn on State Bank of India in favour of respondent.
5. Respondent submits that today he has received a sum of Rs.4,00,000/- from the petitioner by way of cash and acknowledges the same.
6. In view of the settlement arrived at between the parties, the present revision is allowed. The judgment of conviction and order of sentence passed by the XII Addl. C.M.M., Bengaluru in C.C.No.18698/2017 dated 05/12/2018 and subsequently confirmed by LXV Addl. City Civil and Sessions Judge in Criminal Appeal No.9/2019 dated 16/07/2019 are set aside and accused is acquitted of the charges.
SD/- JUDGE Msu