IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.704/2015 BETWEEN:
SMT.SUMITHRA NAGARAJ, W/O.LATE M.NAGARAJ, R/AT NO.15/1, II FLOOR, BVK IYENGAR ROAD, BENGALURU-560 053. ... PETITIONER (BY SRI.D.PRABHAKAR, ADVOCATE) AND:
SRI.R.NAGARAJA BABU, AGED ABOUT, R/AT NO.6, LIG-22 II CROSS, 6TH MAIN, KHB COLONY, I STAGE, 4TH BLOCK, BASAVESHWARANAGARA, BENGALURU-560 079. ... RESPONDENT (BY SRI.HAREESH.N, ADVOCATE) THIS CRL.R.P IS FILED U/S.397 R/W SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 24.6.2015 PASSED BY THE LXVIII ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.99/2014 AND ALSO SET ASIDE THE JUDGMENT AND SENTENCE DATED 17.1.2014 PASSED BY THE XIII A.C.M.M., BANGALORE IN C.C.NO.3582/2012.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner and respondent have filed a joint memo reporting the settlement of the matter amicably between the petitioner-accused and the respondent-complainant. The said memo has been signed by both the petitioner-accused and the respondent-complainant, which is also endorsed by learned counsel appearing for both the parties.
2. As per the terms and conditions, the respondent-complainant has agreed to receive a sum of Rs.18 lakhs(Rupees Eighteen Lakhs Only) towards full and final settlement from the petitioner-accused. The petitioner-accused has so for deposited a sum of Rs.5,41,500/- before the Court of XIII Additional Chief Metropolitan Magistrate, Bengaluru and deposited Rs.1,80,000/- by way of Demand Draft before this Court and a sum of Rs.2,25,000/- has been paid by cash to the respondent-complainant. In total, the petitioner-accused has upto paid a sum of Rs.9,46,500/- and respondent-complainant may be permitted to withdraw the amount-in-deposit before the Court of XIII Additional Chief Metropolitan Magistrate, Bengaluru.
3. The petitioner-accused has agreed to pay a sum of Rs.8,53,500/- to the respondent-complainant by way of account payee cheque and has issued the following four post dated cheques drawn on UCO Bank, City Branch, K.G. Road, Bengaluru, which is as detailed here under:
1. Cheque No.000009 dated 15.08.2019 for a sum of Rs.2,00,000/-.
2. Cheque No.000010 dated 15.10.2019 for a sum of Rs.2,00,000/-.
3. Cheque No.000011 dated 15.12.2019 for a sum of Rs.2,00,000/-.
4. Cheque No.000012 dated 15.02.2020 for a sum of Rs.2,53,500/-.
4. The petitioner-accused undertakes that the said cheques will be duly honoured on its presentation for encashment. The said compromise petition has been accepted as it is voluntary and not coercive or influenced as stated by both the parties.
5. It is hereby made clear that the respondent- complainant is permitted to withdraw Rs.5,41,500/- deposited before the Court of XIII Additional Chief Metropolitan Magistrate, Bengaluru and is also permitted to withdraw Rs.1,80,000/- deposited before this Court on proper identification and acknowledgment.
6. In terms of the compromise, the respondent- complainant submits that he has no objection to acquit the petitioner–accused for having entered into compromise by both the parties. The judgment of conviction and order of sentence passed by the Court of XIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No.3582/2012 dated 17.01.2014 and confirmed in Criminal Appeal No.99/2014 dated 24.06.2014 by the Court of the LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-69) are hereby set aside and petitioner-accused is acquitted for the said offences.
Accordingly, petition is disposed of in terms of the compromise.
Sd/- JUDGE VBS