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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL REVISION PETITION NO. 518 OF 2020
BETWEEN
T. Srinivasa Reddy
S/o Late Thimma Reddy
Aged about 42 years
R/o No.74, 1st Main Road
3rd 'A' Cross, Mallesh Palya
New Thippasandra Post
Bengaluru - 560 075.
... Petitioner
(By Sri. A.G. Shivanna, Advocate)
AND
H.N. Srinivasa
S/o Late Nanjundappa
Aged about 65 years
R/o No.211, 1st Cross
14th Block, Nagarabhavi 2nd Stage
Bengaluru.
... Respondent
(By Sri B. Somashekar Naidu-Advocate)
This Criminal Revision Petition is filed under Section
397 r/w 401 of the Code of Criminal Procedure, praying to
set aside the conviction and fine dated 18.08.2018 passed
by the XXVI Addl. C.M.M, Bengaluru in
C.C.No.23747/2017 and the order dated 02.01.2020
passed by the LII-Addl. City Civil and Sessions Judge,
Bengaluru in Crl.A.No.1865/2018 and dismiss the
complaint.
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This Criminal Revision Petition coming on for
Orders, this day, the court made the following:
ORDER
Sri A.G.Shivanna, learned counsel for the petitioner appears through video conference. But none appear for the respondent either through video conference or physically present before the Court.
2. This revision petition is filed by the petitioner/accused seeking to set-aside the judgment of conviction and order of sentence rendered by the trial Court in C.C.No.23747/2017 dated 18.08.2018 and confirmed by the first Appellate Court in Crl.A.No.1865/2018 dated 02.01.2020 dismissing the appeal.
3. In this petition, I.A.2/2020 is filed by the petitioner/accused and complainant/respondent under Section 147 of the Negotiable Instrument Act seeking to dispose of the present criminal revision petition in terms of the settlement arrived between the parties. Both the parties along with respective counsel have subscribed their signatures in the application.
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4. As per the terms of the compromise the petitioner/accused and respondent/complainant have agreed to settle the matter. In view of the settlement
between the parties, the petitioner/accused is ready and willing to pay amount of Rs.1,90,000/- out of Rs.3,00,000/- as per the order of the trial Court in C.C.No.23747/2017. The respondent/complainant has agreed for the said proposal and has received the amount of Rs.1,90,000/- by way of DD dated 05.11.2020 drawn on Indian Overseas Bank, Vijayanagar, Bangalore in full and final settlement of the claimant. The copy of the DD bearing No.639341 dated 05.11.2020 is produced along with the application. Further, it is stated that there is no other money transaction/claims between the parties except the above transaction. In terms of the compromise the parties are seeking to quash the entire proceedings in C.C.No.23747/2017 pending before the trial Court for the offence punishable under Section 138 of the N.I.Act.
5. Having gone through the application filed under Section 147 of N.I.Act, the reasons assigned therein are found to be justifiable and moreover, harmonious :4: relationship between the parties shall be continued which is the object of Section 147 of the N.I.Act. When both the parties have come forwarded to settle the dispute amicably, the application filed by the parties deserves to be considered. Accordingly, the petition is disposed of terms of the compromise petition. Consequently, the judgment of conviction and order of sentence rendered by the trial Court in C.C.No.23747/2017 dated 18.08.2018 and confirmed by the first Appellate Court in Crl.A.No.1865/2018 dated 02.01.2020 are hereby set- aside. The accused is hereby acquitted for the offence punishable under Section 138 of the N.I.Act.
Keeping in view the submission made by the learned counsel for the petitioner, the amount if any, deposited before the trial Court in C.C.No.23747/2017 is permitted to be withdrawn, on proper identification.
Sd/-
JUDGE DKB