Sri C A Kareem vs Sri Abdul Khader
2021 Latest Caselaw 6214 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.955/2015

BETWEEN

SRI C A KAREEM
S/O IBRAHIM MUSLIYAR,
A/A 43 YEARS,
EARLIER R/A KALLARE HOUSE,
PUTTUR KASABA VILLAGE,
PUTTUR TALUK, D.K
NOW R/AT CHENNAVARA HOUSE,
PALTHADY POST, PUTTUR TALUK,
D.K. 574201.
                                       ...PETITIONER
(BY SRI KETHAN KUMAR, ADVOCATE)

AND

SRI ABDUL KHADER
S/O B.A. KASIM,
A/A 50 YEARS,
R/A KARMALA HOUSE,
PUTTUR KASABA VILLAGE,
PUTTUR TALUK,
D.K-574 225.
                                    ...RESPONDENT
(BY SRI HAREESH BHANDARY.T, ADVOCATE)

    THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 AND 402 CR.P.C, PRAYING TO SET
                             2


ASIDE THE JUDGMENT AND ORDER DATED 12.8.2015
PASSED BY THE V ADDL. DIST. AND S.J., D.K.,
MANGALURU,      SITTING      AT   PUTTUR,    D.K.   IN
CRL.A.NO.5007/2014 CONSEQUENTLY SETTING ASIDE
THE JUDGMENT AND ORDER DATED 1.7.2014 PASSED BY
THE PRL. C.J. AND J.M.F.C., PUTTUR IN C.C.NO.1593/2007
AND ACQUIT THE PETITIONER FOR THE OFFENCES P/U/S
138 OF N.I.ACT.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR FURTHER 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 counsel for the parties herein reporting settlement arrived between the parties in the following terms.

i) That, the complainant/respondent herein agreed to accept Rs.3,00,000/- (Rupees Three Lakh only) towards full and final settlement as against the order passed by the courts below for Rs.4,00,000/- (Rupees four lakhs).

ii) That, the complainant/respondent has received Rs.1,00,000/- (Rupees One Lakh) deposited before the trial Court as against the interim

deposit of Rs.1,67,000/-(One Lakh Sixty Seven Thousand)

iii) That, the amount which deposited on 18.12.2013 vide cheque No.825375 and 825376 for Rs.25,000/- each and the amount of Rs.17,000/- deposited on 05.08.2014 before the Court to be released to the respondent/complainant.

iv) That the petitioner/Accused hereby undertakes to pay balance amount of Rs.1,33,000/- on or before 30.03.2022 either in installment by drawing D.D or single payment on or before 30.03.2022.

v) That the Accused/Petitioner fails to pay in the above terms it is open to the complainant to initiate action for issuance conviction warrant before trial Court.

Wherefore, the order of conviction/judgment of the trial Court in C.C.No.1593/2007 modified in accordance with the above terms."

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 all instalment amount are paid, as agreed in the Joint Memo, the accused stands acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act.

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

(iv) If there is any default in payment the instalment, the order of the Trial Court automatically stands restored.

      (v)        Ordered accordingly.



                                            Sd/-
                                           JUDGE


PL*