Karnataka High Court
R M Jayappa vs J R Anantharaman on 15 December, 2021
Bench: V Srishananda
1
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.99/2013
BETWEEN:
R.M.JAYAPPA,
S/O MAHADEVAPPA,
AGED ABOUT 57 YEARS,
AGRICULTURIST &
BUS OPERATOR,
RESIDING OF T.G.N. LAYOUT,
1ST CROSS, BEHIND MEENAKSHI BHAVAN,
SHIMOGA CITY - 577 201.
... PETITIONER
(BY SRI.PAWAN KUMAR, ADVOCATE FOR
M/S.L.SRINIVAS BABU AND ASSTS., ADVOCATES)
AND:
J.R.ANANTHARAMAN,
S/O LATE J.A.R.AVADHANI,
AGED ABOUT 57 YEARS,
RESIDING FORT ROAD,
SHIMOGA CITY - 577 201.
...RESPONDENT
(BY SRI.UMESH, ADVOCATE FOR
SRI.R.B.DESHPANDE, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH SECTION 401 OF CR.PC
PRAYING TO SET ASIDE THE JUDGMENT DATED
2
17.10.2012 PASSED BY THE S.J., F.T.C. - I, SHIMOGA IN
CRL.A.NO.121/2011 CONFIRMING THE JUDGMENT AND
ORDER OF CONVICTION DATED 04.08.2011 PASSED BY
THE J.M.F.C. - II, SHIMOGA IN C.C.NO.2938/2009 AND
PETITIONER BE ACQUITTED BY ALLOWING THIS CRL.R.P.
THIS CRIMINAL REVISION PETITION COMING ON
FOR HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Heard Sri. Pawan Kumar, learned counsel on behalf
of Sri. L. Srinivas Babu and Associates.
2. This Court earlier noting the absence of
learned counsel appearing for the revision petitioner, has
appointed Sri. B. S. Venkatanarayan as Amicus Curiae.
Since, the colleague of Sri. L. Srinivas Babu, learned
counsel is now appearing in the matter, learned Amicus
Curiae is discharged.
3. Sri. Umesh, learned counsel for Sri. R. B.
Deshpande, learned counsel appearing for the respondent
is present.
4. Perused the joint memo and additional
documents filed on 24.09.2021. The joint memo reads as
under:
"JOINT COMPROMISE PETITION FILED BY
THE PRATIES AS UDNER:
1. That the respondent had filed the
complaint against the petitioner under
Section 138 of N.I. Act before the
J.M.F.C. II Court, Shivamogga in C.C.
No.2938/2009. After contest the
petitioner has been convicted for the said
offence vide judgment dated:04-08-
2012. Against the judgment of
conviction, the petitioner had preferred
the appeal before the 1st Fat Track Court
at Shivamogga and the appellate Court
also confirmed the judgment and
conviction of lower Court vide judgment
dated:17-10-2012 in Crl. Appeal
No.121/2012.
2. That the petitioner has preferred the
above criminal revision petition against
the judgment and order of 1st Fast Track
Court, Shivamogga in Crl. Appeal
No.121/2012.
3. That the parties in the above revision
have compromised the matter out side
the Court. As per the compromise
entered between the parties, the
respondent has withdrawn the 50% of
the amount determined by the trial Court
deposited before the J.M.F.C. II Court,
Shivamogga in C.C. No.2938/2009 and
thereby the claim of the respondent fully
satisfied and to that extent compromise
may be entered.
4. In view of compromise entered between
the parties, the judgment and order of
conviction passed against the petitioner
by the J.M.F.C. II Court, Shivamogga in
C.C. No.2938/2009 dated:04-08-2011
and the judgment and order of 1st Fast
Track Court, Shivamogga in Appeal
No.121/2009 may be set aside and the
petitioner/accused may be acquitted in
the interest of justice."
5. As per the joint memo, the matter is amicably
settled between the parties, which is evident by the
additional documents filed before this Court.
6. Sri. Umesh, learned counsel appearing for the
respondent submits that the respondent is not responding
to the calls made by him. Accordingly, the following:
ORDER
The Criminal Revision Petition stands disposed of in
terms of the joint memo.
Sd/-
JUDGE
VBS
