Narayanaswamy vs C Narayanaswamy
2021 Latest Caselaw 7063 Kant

  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.1167 OF 2012

BETWEEN:

NARAYANASWAMY,
S/O. LATE NARAYANAPPA,
AGED : MAJOR,
RESIDING OPPOSITE TO
KOLAR TRAFFIC POLICE STATION,
GANDHINAGAR,
KOLAR-563 101
                                          ...PETITIONER

(BY SRI. S. VISWESWARAIAH, ADVOCATE)

AND:

C. NARAYANASWAMY,
S/O. LATE CHOWDAPPA,
AGED 41 YEARS,
R/O. GADDEKANNUR VILLAGE,
TAMAKA POST,
KOLAR TALUK-563 101.
                                         ...RESPONDENT

       THIS   CRIMINAL   REVISION   PETITION   IS   FILED
UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT OF CONVICTION DATED
16.10.2012 PASSED BY THE II ADDITIONAL CIVIL JUDGE
                                  2

AND JMFC, KOLAR IN C.C.No.132/2007 AND ORDER
DATED 17.11.2012 PASSED BY THE PRINCIPAL SESSIONS
JUDGE AT KOLAR IN CRL.A.NO.52/2012 AND ACQUIT THE
PETITIONER.


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

                               ORDER

The parties are present before this Court. They

submit that application I.A.No.1/2021 is filed under

Section 147 of Negotiable Instruments Act 1881. It is

submitted that the parties have amicably agreed to settle

the matter in a sum of Rs.2,50,000/-. Out of

Rs.2,50,000/-, a sum of Rs.1,25,000/- has been paid by

way of demand draft and further sum of Rs.50,000/- by

way of cash. A sum of Rs.75,000/- already is in deposit

before the trial Magistrate, whereby the entire dispute

between the parties stood amicably settled. Hence, there

is no impediment for this court to accept the application

and acquit the accused for the offence punishable under

Section 138 of Negotiable Instruments Act, 1881.

Accordingly, pass the following:

ORDER

i. I.A.No.1/2021 is allowed.

ii. Consequently, the revision petition is disposed of in terms I.A.No.1/2021 and the accused stands acquitted.

iii. The amount-in-deposit in a sum of Rs.75,000/-

before the trial Magistrate is ordered to be withdrawn by the complainant.

Sd/-

JUDGE

AG