Karnataka High Court
Mumtajkhan vs L Nagaraja on 15 December, 2021
Bench: V Srishananda
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO. 417 OF 2021
BETWEEN:
MUMTAJKHAN
S/O. NASIM KHAN,
AGED ABOUT 39 YEARS,
R/AT WARD NO.4,
BEHIND ANSARI MASJID,
JAKIR HUSSAIN MOHALLA,
SRINIVASPURA TOWN-563 135.
...PETITIONER
(BY SRI. KALYAN R, ADVOCATE)
AND:
L. NAGARAJA
S/O. LAKSHMANAREDDY,
AGED ABOUT 44 YEARS,
R/AT DODAMALADODDI VILLAGE,
KASABA HOBLI,
SRINIVASAPURA TALUK-563 135.
...RESPONDENT
(BY SRI. R.V. ANAND, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT DATED 13.0.2.2020 IN
CRL.A.NO.4/2019 PASSED BY THE PRINCIPAL DISTRICT
2
AND SESSIONS JUDGE AT KOLAR BY ALLOWING THE
APPEAL FILED BY THE PETITIONER HEREIN BEFORE THE
1ST APPELLATE COURT AND CONSEQUENTLY TO SET
ASIDE THE JUDGMENT AND ORDER OF CONVICTION
DATED 15.12.2018 PASSED BY PRINCIPAL CIVIL JUDGE
AND JMFC AT SRINIVASAPUR IN C.C.NO.9/2016 AND TO
ACQUIT THE ACCUSED BY ALLOWING THE PRESENT RP.
THIS CRIMINAL REVISION PETITION COMING FOR
ORDERS,, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
On behalf of respondent, Sri. R.V. Anand, learned
counsel files vakalath.
2. The parties submit a joint memo along with
application under Section 147 of Negotiable Instruments
Act 1881.
The joint memo reads as under:-
"The petitioner and respondent humbly submits as
follows-
"i. At the intervention of friends and well
wishers parties have settled the dispute under
the following terms and conditions.
ii. The petitioner and respondent have
agreed to settle the dispute for a sum of
Rs.4,50,000/-. The petitioner has paid sum of
Rs.3,50,000/- by way of cash to the
respondent. The petitioner has deposited a
sum of Rs.1,00,000/- before the appellate
Court and the petitioner has no objection to
withdraw the same by the respondent.
iii. The petitioner has no objection for the
respondent to withdraw the amount deposited
before the appellate Court.
iv. The parties have no claims against each
other in respect of the present transaction
amount.
v. The amount agreed above in the joint
memo is full and final.
Wherefore the petitioner and respondent
humbly pray that this Hon'ble court may be
pleased to modify the judgment in terms and
conditions agreed above, in the interest of
justice and equity."
3. The respondent is present before the Court.
4. It is submitted that revision petitioner having
not been able to comply the orders of the Courts below
is now in judicial custody. It is found from the joint
memo, out of Rs.4,50,000/- (Rupees Four Lakh Fifty
Thousand only) a sum of Rs.1,00,000/-(Rupees One
Lakh only) is deposited before the First Appellate Court,
which the respondent is entitled to withdraw. The
balance of Rs.3,50,000/- (Rupees Three Lakh Fifty
Thousand only) is said to have been paid to the
respondent, which is acknowledged by the respondent.
5. The respondent is present before the Court.
Memo with copy of the Adhaar Card of respondent is
also furnished.
6. In view of the same, there is no impediment
for this Court to dispose of the revision petition placing
the joint memo on record.
7. Accordingly, pass the following:
ORDER
i. The Criminal Revision Petition stands
disposed of in terms of the joint memo.
ii. In view of the entire amount having been
paid, I.A.No.2/2021 is allowed. The
accused is permitted to compound the
offence.
iii. Amount-in-deposit is permitted to be
withdrawn by the complainant.
The learned counsel for the revision petitioner
requests for issue of release order.
Office is directed to furnish the certified copy of
this order out of turn, if applied, thereafter, the revision
petitioner is at liberty to get the release order from the
Jurisdictional Magistrate.
Sd/-
JUDGE
AG
