IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION No.870/2018 BETWEEN:
T.G. Dhruvakumar, S/o. Govindaraju, Aged about 35 years, R/at Tanu Flour Mills, Behind Byatarayaswamy Temple, Turuvekere Town, Tumkur District-570222.
...Petitioner (By Sri Chandrashekara K.A., Advocate) AND:
T.N. Ravishankar, S/o S. Nagaraj, Aged about 47 years, R/o Gangadhareshwara Temple Road, Near N.H.P.S. School, Turuvekere Town, Tumkur District-570222.
... Respondent (By Sri Sunil Kumar.P.Bangari, Advocate, for Sri M.N. Madhusudhan) This Crl.RP. is filed u/s.397 r/w 401 Cr.P.C. praying to set aside the order of conviction and sentence dated 17.04.2015 passed by the Learned Civil Judge and JMFC at Turuvekere in C.C. No. 102/2013 and confirmed by the Hon’ble V Additional District and Sessions Judge, Tiptur in Crl. A No. 10017/2015 dated 28.11.2017 and acquit the Petitioner for the offence punishable under Section 138 of Negotiable Instruments Act., to meet the ends of justice.
This Crl.RP. coming on for orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner on I.A.No.1/2019.
2. Both the counsel submits that the parties have filed I.A.No.1/2019 under Section 147 of the Negotiable Instruments Act, 1881 read with Section 320(6) & (8) of the Code of Criminal Procedure, 1973 for compounding the offence. Both the counsel submit that the petitioner has already paid the entire amount of Rs.1,50,000/- to the respondent. The same is acknowledged by the respondent’s counsel.
3. The submission of both the counsel is placed on record.
4. For the reasons stated in the affidavit filed in support of the application, I.A.No.1/2019 is allowed.
5. Accordingly, the Criminal Revision Petition is disposed off as settled. In view of the settlement, the judgment of the trial Court in C.C.No.102/2013, dated 17.04.2015, is hereby set aside.
The petitioner is acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881. The amount deposited by the petitioner before the trial Court is to be released in favour of the petitioner.
Sd/- JUDGE SMJ/GBB