IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.717/2019 Between:
V. Suresh Kumar @ Suresh S/o Venkatappa Aged about 35 years R/at No.838, 4th Main Road M.E.S.Road, Muthyalanagar Jalahalli Post Bengaluru – 560 013. … Petitioner (By Sri. G.K. Venkata Reddy, Advocate for Sri. P.N. Hegde, Advocate) And:
M. Shamanna S/o Muniramaiah Aged about 66 years R/at No.277, 2nd Cross Near Muthyalamma Temple Jalahalli Village Bengaluru – 560 013. … Respondent (By Sri. H. Raganna, Advocate for Sri. G. Jairaj, Advocate) This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C., pleased to set aside the judgment dated 30.04.2019 passed by the LXV Additional City Civil and Sessions Judge at Bengaluru City in Criminal Appeal No.1160/2018 and the order dated 29.05.2018 in C.C.No.27397/2015 from the file of the Small Cause Judge and XXVI A.C.M.M. at Bengaluru and consequently acquit the petitioner/accused for the p/u/s. 138 of N.I.Act.
This Criminal Revision Petition is coming on for Orders, this day, the Court made the following:
O R D E R The petitioner/accused - Sri. V. Suresh Kumar @ Suresh S/o Venkatappa along with his counsel is present before the Court. The respondent/complainant – Sri. M. Shamanna S/o Muniramaiah along with his counsel is present before the Court.
2. Today, they have filed an application under Section 147 of N.I.Act for having amicably settled the matter between them. It is submitted in the said application that the respondent/complainant has agreed to receive a sum of Rs.2,00,000/- from the petitioner as full and final settlement. It is further submitted that an amount of Rs.1,05,000/- has already been deposited before the Court below on 28.07.2018 and 08.07.2019. The petitioner has no objection to release the said amount in favour of the respondent. The petitioner has undertaken to pay the remaining amount of Rs.95,000/- within a period of three month from today.
3. The said terms and conditions have been signed by both the petitioner and respondent and the same has been endorsed by their counsels.
4. The said submission is taken on record and the criminal revision petition is disposed of in terms of compromise entered into between the parties. The trial Court is directed to pay an amount of Rs.1,05,000/- to the respondent on proper identification and acknowledgment.
In view of the disposal of the main petition, I.A.Nos.2/2019 and 3/2019 does not survive for consideration. Accordingly, the same are also disposed of.
Sd/- JUDGE NR/-