IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1133 OF 2018 BETWEEN:
Yogeshwarachary @ Yogesh, S/o. late Channa Chary, Aged about 57 years, Resident of No.235, Seegehalli Village, Kodigehalli Post, Yeshwanthpura Hobli.
Bengaluru North Taluk – 560 091. … Petitioner (By Sri Chethan B., Advocate) AND:
Nagaraj, S/o. late Channabasappa, Aged about 53 years, Resident of No.47, Kanda Krupa Nilaya, Nada Prabhu Kempegowda Road, 3rd Cross, Magadi Main Road, Opposite Embassy Public School, Chikka Gollarahalli, Lakshmipura Post, Dasanapura Hobli, Bengaluru North – 562123. ...Respondent (By Sri Harisha A.S., Advocate) This Criminal Revision Petition is filed under Section 397 R/w 401 of Cr.P.C praying to set aside the judgment dated 23.08.2016 in C.C.No.3394/2011 passed by the Hon’ble Addl. Chief Judicial Magistrate, Bengaluru Rural District at Bengaluru and the judgment dated 06.09.2018 passed in Criminal Appeal No.50/2016 by the Hon’ble IX Addl. District and Sessions Judge, Bengaluru Rural District at Bengaluru.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
O R D E R Today, learned counsel Sri Harisha A.S., files appearance to the respondent-complainant.
2. The petitioner-accused Sri Yogeshwarachary @ Yogesh, S/o. late Channa Chary and the respondent- complainant Sri Nagaraj, S/o. late Channabasappa are present. Learned counsel for the parties are also present. They have filed a compromise petition signed by both accused-petitioner and the respondent- complainant and also learned counsel appearing for the parties.
3. In the said memo, it has been submitted that the matter has been amicably settled between the parties and the respondent-complainant has agreed to receive a sum of Rs.5,75,000/- (Rupees Five Lakhs Seventy Five Thousand Only) in full and final settlement of the amount in this case and further submitted that he has already received an amount of Rs.4,25,000/- (Rupees Four Lakhs Twenty Five Thousand Only) by cash and an amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) is in deposit made by the accused petitioner before the trial Court and the same may be paid to the respondent-complainant.
4. The accused-petitioner who is present before the Court submits that he has no objection to pay the said amount of Rs.1,50,000/- in deposit before trial Court made by him to the respondent. The respondent submits that he has no objection to set aside the sentence and acquit the accused.
5. The said memo is placed on record and in view of the compromise entered into between the petitioner and the respondent, the sentence imposed by the Addl. Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in C.C.No.3394/2011 dated 23.08.2016 and confirmed by the IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.A.No.50/2016 dated 06.09.2018 are set aside and the accused-petitioner is acquitted of all the charges in terms of the compromise as he has already received an amount of Rs.4,25,000/- and he acknowledges the same.
The trial Court is directed to pay the amount of Rs.1,50,000/- deposited by the petitioner-accused to the respondent on proper identification and acknowledgement.
In terms of the compromise, the petition is disposed of.
Sd/- JUDGE