D.S. Prasanna Kumar vs The Mysore Fertilizers Co
2021 Latest Caselaw 6211 Kant

  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.931/2016

BETWEEN

D.S. PRASANNA KUMAR
S/O SUBBEGOWDA
AGED ABOUT 35 YEARS
R/O DARADAHALLI VILLAGE & POST,
MUDIGERE TALUK
CHIKKAMAGALUR DISTRICT-577101
                                       ...PETITIONER
(BY SRI GIRISH B BALADARE, ADVOCATE)

AND

THE MYSORE FERTILIZERS CO.,
PROPRIETORS, M.F.C.INDUSTRIES LTD.,
REGD OFFICE, "LOTUS COURT"
NO.165, THAMBU SETTY STREET,
CHENNAI ONE OF ITS BRANCH OFFICE
AT K.M.ROAD
CHIKKAMAGALUR CITY

REPRESENTED BY ITS ACCOUNTANT,
WHO IS THE AUTHORIZED
REPRESENTATIVE
AND POWER OF ATTORNEY HOLDER
MR.PURUSHOTHAMA
S/O SUBBA RAO
AGED ABOUT 52 YEARS
                                 2


R/O CHIKKAMAGALUR CITY
-577101
                                                     ...RESPONDENT
(BY SRI K S GANESH, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 AND 402 CR.P.C, PRAYING TO SET
ASIDE THE JUDGMENT DATED 13.04.2016 PASSED BY THE
II ADDL. S.J., CHIKKAMAGALURU IN CRL.A.NO.11/2014
AND JUDGMENT DATED 7.1.2014 PASSED BY THE I ADDL.
C.J.    AND      J.M.F.C., CHIKKAMAGALURU      IN
C.C.NO.1291/2005 AND THE PETR. BE ACQUITTED FOR
THE OFFENCE ALLEGED AGAINST HIM.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:-

                          ORDER

Parties present with their respective counsels. Joint

Memo dated 15.12.2021, duly signed by the parties and

their respective counsels reads as under:

"The petitioner is convicted for the offence under Section 138 of N .I Act, and petitioner agree to deposit total compensation fine amount sum of Rs.80,000/- including the amount which is already deposited if any, on or before 30.01.2022.

It is submitted by both the parties that both petitioner and respondent agreed for the terms stated above."

The contents of the Joint Memo is read over and explained

to the parties, which depict the true terms of settlement.

Hence, there is no impediment for this court to dispose of

the Revision Petition. Accordingly, pass the following:

ORDER

(i) Criminal Revision Petition stands disposed of in terms of the Joint Memo.

(ii) It is made clear that if the instalment amount is not paid, as agreed in the Joint Memo, the order of the Trial Court automatically restored.

(iii) The respondent/complainant is permitted to withdraw the amount in deposit under due identification.

(iv) If the entire instalment amounts are paid, the accused stands acquitted of the charges levelled against him.

      (v)      Ordered accordingly.


                                                 Sd/-
                                                JUDGE


PL*