Sri D Narayanaswamy vs Uday Kumar Shetty
2021 Latest Caselaw 7061 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 22ND DAY OF DECEMBER, 2021

                      BEFORE

        THE HON'BLE MR.JUSTICE V.SRISHANANDA

  CRIMINAL REVISION PETITION NO.235/2018

BETWEEN :

SRI. D. NARAYANASWAMY,
S/O DHANE GOWDA,
AGED ABOUT 46 YEARS,
R/O AYANUR KOTE, AYANUR POST,
SHIVAMOGGA TALUK AND DISTRICT - 577 201.
                                        ...PETITIONER
(BY SRI.GANESHA R., ADVOCATE)

AND :

UDAY KUMAR SHETTY,
S/O SADASHIVA SHETTY,
AGED ABOUT 45 YEARS,
R/O HOTEL APPORVA
N.T.ROAD,
SHIVAMOGGA TALUK AND DISTRICT - 577 201.
                                      ... RESPONDENT
(BY SRI. P.N.HARISH, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C. PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER DATED 02.02.2018
PASSED BY THE LEARNED III ADDITIONAL SESSIONS
JUDGE, AT SHIVAMOGGA IN CRL.APPEAL NO.67/2017
CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION
PASSED BY THE LEARNED JMFC-III, SHIVAMOGGA IN
C.C.NO.219/2016 DATED 21.09.2017 BY ALLOWING THIS
CRIMINAL REVISION PETITION.

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

The petitioner and his counsel are present before

the Court. Learned counsel for the respondent is

present. A joint memo is submitted and signed by the

learned counsels for both the parties. The joint memo

reads as under:

"1. It is submitted that, above criminal revision petition is filed against the judgment dated 02.02.2018 passed by learned III Additional Sessions Judge, Shivamogga in Crl.Appeal No.67/2017 confirming the judgment and order of conviction passed by the learned JMFC-III, Shivamogga in C.C.No.219/2016 dated 21.09.2018 whereby the petitioner has been convicted for the offence punishable under Section 138 of Negotiable Instrument Act sentencing the accused to pay a fine of Rs.2,20,000/- in default undergo simple imprisonment for a period of 6 months.

2. Pursuant to filing of above Criminal revision petition the petitioner has deposited 25% i.e. Rs.55,000/- before the trial court in view of the order dated 09.03.2018 passed by this Hon'ble Court.

3. It is further submitted that, as per the advise of well wishers and friends, the petitioner had agreed to settle the matter amicably and hence on 28.06.2021 the petitioner had deposited an amount of Rs.50,000/- and another sum of Rs.20,000/- on

21.10.2021 and finally Rs.5,000/- on 21.12.2021 to the respondent account and accordingly the petitioner had repaid an amount of Rs.75,000/- to the respondent till now. Now the petitioner has to pay Rs.85,000/- to the respondent excluding the amount already deposited before the Trial Court.

4. It is further submitted that, petitioner has no objection to the respondent to withdraw the amount of Rs.50,000/- deposited by the petitioner before the trial Court.

5. It is further submitted that the petitioner undertake to repay the balance amount of Rs.85,000/- within six months from today failing which necessary action may be taken against the petitioner.

WHEREFORE, the Hon'ble Court may kindly be pleased to set aside the judgment and order of conviction passed by the both the Court below and acquit the petitioner by accepting this memo in the ends of justice."

2. In view of the joint memo, the Criminal

Revision Petition stands disposed off.

After payment of the entire amount as per the

joint memo, accused stands acquitted and the amount

in deposit in a sum of Rs.55,000/- is ordered to be

withdrawn by the respondent/complainant under due

identification. If there is any failure to comply with the

conditions of the joint memo, order of the trial

Magistrate stands restored.

Sd/-

JUDGE

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