Sri R S Kulakarni vs Sri V Raju
2021 Latest Caselaw 5958 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 10TH DAY OF DECEMBER, 2021

                         BEFORE

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

  CRIMINAL REVISION PETITION No.275 OF 2019

BETWEEN

Sri R.S.Kulakarni,
S/o S.R.Kulakarni,
Aged about 58 years,
Postal Assistant
K.R.Market Post Office,
Corporation Building
K.R.Market
Opp. to Delhi Sweet,
Bengaluru-560002.
And also at
R/at No.7/13, 1st Floor,
1st Stage, 3rd Cross,
Swimming Pool Extension,
Malleshwaram, Bengaluru-560003.
                                         ...Petitioner
(By Sri N.Suresha, Advocate)

AND

Sri V.Raju,
S/o Venkataramana,
Aged about 49 years,
R/at No.34/1, 8th Cross,
Swimming Pool Extension,
Malleshwaram, Bengaluru-560003.
                                        ...Respondent
(By Sri S.P.Sathish, Advocate )
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      This Criminal Revision Petition is filed under Section
482 Cr.P.C., praying to set aside the order and judgment
dated 11.04.2016, passed by Hon'ble XX A.C.M.M., at
Bengaluru in C.C.No.15821/2014 and set aside the order
and judgment dated 12.02.2019 passed by the Hon'ble
Court of the LXI Additional City Civil and Session Judge
(CCH-62), Bengaluru in Crl.A.No.792/2016, confirming the
order dated 11.04.2016 passed by Hon'ble XX Additional
Chief     Metropolitan     Magistrate,      Bengaluru,     in
C.C.No.15821/2014 and etc.

    This Criminal Revision Petition coming on             for
admission, this day, the Court made the following:

                          ORDER

The accused has preferred this revision petition

challenging the judgment of Addl. City Civil and

Sessions Judge, Bengaluru, CCH.62 in

Crl.A.No.792/2016. The learned Magistrate convicted

the petitioner for the offence under section 138 of

N.I.Act by his judgment dated 11.4.2016 and the

same was challenged by the petitioner in the appeal.

Since the Sessions Court also confirmed the judgment

of the Magistrate, the petitioner has approached this

court by filing revision petition.

2. Today, the joint memo has been filed by the

petitioner and the respondent. The memo is singed

by the parties and also the respective advocates. In

the memo, it is stated that the

respondent/complainant has agreed to receive total

amount of Rs.3,54,000/- from the petitioner. Already

an amount of Rs.2,04,000/- has been deposited in the

trial court and for the balance of Rs.1,50,000/-, the

petitioner has handed over a Demand Draft bearing

No.807507 dated 7.12.2021 drawn on Canara Bank in

favour of the respondent/complainant. The learned

counsel for the respondent reports receipt of the said

demand draft.

3. In view of the settlement, the offence under

section 138 of N.I.Act has been compounded by the

respondent/complainant. The joint memo is placed on

record. The judgment of conviction passed by the

Magistrate in C.C.No.15821/2014 and the judgment of

the Sessions Court in Crl. Appeal No.792/2016 are set

aside. The petitioner is acquitted of the offence under

section 138 of N.I.Act.

4. The respondent/complainant is permitted to

withdraw the amount deposited in the court of

Magistrate.

Sd/-

JUDGE

sd