Kokkengada Bheemaiah vs P K Biddappa
2021 Latest Caselaw 6979 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 21ST DAY OF DECEMBER, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

   CRIMINAL REVISION PETITION NO.535/2014

BETWEEN

KOKKENGADA BHEEMAIAH
AGED ABOUT 61 YEARS
S/O LATE KOKKENGADA CARIAPPA
SULUGODU VILLAGE
BANAKAL POST
VIA GONICOPPAL
VIRAJPET TALUK
KODAGU DISTRICT-571218
                                    ...PETITIONER
(BY SRI N RAVINDRANATH KAMATH, ADVOCATE)

AND

P K BIDDAPPA
S/O CARIAPPA
AGED 59 YEARS
PONNAMPET - 571 216
SOUTH COORG
                                       ...RESPONDENT
(BY SRI S.R.HEMANTH KUMAR, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 AND 402 CR.P.C, PRAYING TO SET
ASIDE THE JUDGMENT DATED 21.4.2012 PASSED BY THE
C.J. AND J.M.F.C., PONNAMPET IN C.C.NO.146/2010 AND
JUDGMENT DATED 29.5.2014 PASSED BY THE II ADDL.
                               2


DIST. AND S.J., KODAGU, MADIKERI                (SITTING   AT
VIRAJPET) IN CRL.A.NO.30/2012.

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


                           ORDER

The learned counsel for the parties along with their

respective counsels present before the Court and files a

Joint Memo dated 21.12.2021 duly signed. Joint Memo

reads as under:

"The petitioner and the respondent have settled the above matter on following terms:

1. The petitioner agrees to pay Rs.1,30,000/- to respondent in full and final settlement of the claim of respondent, out of which Rs.75,000/- is already deposited in trial court which the respondent can withdraw and the balance amount of Rs.55,000/- the petitioner will pay respondent on or before 28.02.2022.

2. In terms of the above settlement, the above case may be disposed of in the ends of justice."

In terms of the joint memo, pass the following:

ORDER

(i) The Criminal Revision Petition stands disposed of.

(ii) It is made clear that after payment of all the instalment dues, the accused stands acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act. However, if there is any violation to pay the amount as agreed to in the Joint Memo, the order of the Trial Magistrate automatically restored.

(iii) Amount in deposit is ordered to be withdrawn by the complainant under due identification.

Sd/-

JUDGE

PL*