IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION NO.889/2018 BETWEEN Syed Luqman S/o. Late Rahamathulla Aged about 43 years First Division Assistant High Court of Karnataka Dr. Ambedkar Veedhi Bangalore – 560 001.
(By Sri Ravindra D.K., Advocate for Sri R. Kothwal, Advocate) AND R. Venkatesh S/o. K.P. Rathnam Shetty Aged about 55 years Occ: Business No.6, 5th Cross Malleshwaram Bangalore – 560 003.
(By Sri C. J. Yogesh, Advocate for Sri. M.R. Balakrishna, Advocate) ... Petitioner ... Respondent This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C. praying to set aside the judgment dated 01.07.2016 passed by the XIX Additional C.M.M., Bengaluru in C.C.No.3578/2012 and also the judgment dated 05.12.2017 passed by the LXI Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.867/2016 by allowing this Crl.R.P. and etc.
This Criminal Revision Petition coming for Orders on this day, the court made the following:
ORDER Both the petitioner and respondent appeared before the Court along with their respective counsel.
2. Learned counsel for both the parties filed an application in I.A. No.1/2019 under Section 147 of the Negotiable Instruments Act, 1881 for withdrawal of the complaint.
3. In the said application, both the parties submit that they have settled the matter amicably and petitioner- accused has paid the entire amount to the respondent- complainant.
4. In view of the settlement arrived between the parties, I.A.No.1/2019 is allowed. The Judgment of conviction passed by the XIX Additional Chief Metropolitan Magistrate, Bengaluru City, in C.C.No.3578/2012 and the same was upheld by the LXI Additional City Civil and Sessions Judge, Bengaluru City, in Crl.A.No.867/2016 are set aside.
5. The petitioner is acquitted of the charges leveled against him under Section 138 of the Negotiable Instruments Act, 1881. His bail bond stands cancelled.
Accordingly, criminal revision petition is disposed of.
In view of the settlement arrived between the parties, I.A.No.2/2018 for suspension of sentence does not survive for consideration. Hence, it is dismissed.
SD/- JUDGE SN