Sri. R. Chikkanna vs Sri. Ananda B S
2021 Latest Caselaw 7165 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 23RD DAY OF DECEMBER, 2021

                        BEFORE

    THE HON'BLE MR. JUSTICE V. SRISHANANDA

  CRIMINAL REVISION PETITION NO.92/2021

BETWEEN:

SRI.R.CHIKKANNA,
S/O SRI.RANGAPPA,
AGED ABOUT 40 YEARS,
R/O NO.54, 6TH CROSS,
6TH MAIN, HVR LAYOUT,
MAGADI MAIN ROAD,
BENGALURU - 560 072.
                                   ... PETITIONER
(BY SRI.SIDDANOORU VISHWANATHA, ADVOCATE)

AND:

SRI.ANANDA B.S.,
S/O SRI.B.G.SHIVAKUMAR,
AGED ABOUT 47 YEARS,
PROPRIETOR OF M/S. CITY MOBIKE WORKS,
NO.152/1, 2ND MAIN ROAD,
NEAR RTO, INDIRANAGAR, 1ST STAGE,
BENGALURU - 560 038.
                                    ...RESPONDENT
(BY SRI.DUSHYANTH ANADHYA H.C., ADVOCATE AND
    SRI.R.PRABHAKARA, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH 401 OF CR.P.C.
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT,
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CONVICTION AND SENTENCE RECORDED ON 05.10.2019
PASSED BY THE LEARNED XXXIII ACMM, MAYO HALL,
BENGALURU IN CC.NO.26027/2013 AND ALSO TO SET
ASIDE THE IMPUGNED JUDGMENT AND ORDER RECORDED
ON 31.12.2020 PASSED IN CRL.A.NO.25303/2019 PASSED
BY THE LEARNED XIII ADDITIONAL CITY CIVIL AND
SESSIONS COURT, MAYO HALL UNIT, BENGALURU (CCCH-
22) AND ACQUIT THE PETITIONER/ACCUSED IN
CC.NO.26027/2013 FOR THE OFFENCE P/U/S.138 OF
NEGOTIABLE INSTRUMENTS ACT.

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

                         ORDER

Parties are present with their respective counsels

and they have presented a joint memo.

2. The joint memo reads as under:

"The complainant/Respondent and Accused/Petitioner above named, most respectfully submit as follows:

1. That the Complainant/Respondent has filed the complaint against the Accused/Petitioner under Sec.138 of NI Act.

2.   On            23/12/2021               the
     Complainant/Respondent                 and
     Accused/Petitioner   have    arrived    at
     compromise     under   the     following
     terms:-

a. That the Accused/Petitioner shall pay a sum of Rs.7,25,000/- (Rupees Seven Lakhs Twenty Five Thousand Only) in total to the complaint in full and final settlement of the claims made in respect of the cheque bearing No.069939 dated 31/08/2012 drawn on Axis Bank Ltd., Majestic Branch, in C.C. No.26027/2013.

b. That the Accused/Petitioner shall pay the agreed amount of RS.7,25,000/- (Rupees Seven Lakhs Twenty Five Thousand Only) in Two installments, on 23.12.2021 Petitioner/Accused has agreed to pay the first installment of Rs.6,00,000/- (Rupees Six Lakhs Only). By way of DD No.083297 dated 18.12.2021 drawn on Bank of Baroda. The balance installment of Rs.1,25,000/- (Rupees One lakhs Twenty Five Thousand Only) issued post dated cheque, will be paid on 05.02.2022 cheque No.499283 drawn

on Karnataka Bank, Herohalli Branch respectively.

c. That the complainant has agreed to receive the said sum of Rs.7,25,000/- (Rupees Seven Lakhs Twenty Five Thousand Only) in full and final settlement and there remains no payment due in the above case after the payment of the said Two installments. In case of defaulter in Second installment the Petitioner/Accused bound to pay the compensation is awarded in C.C. No.26027/2013 passed by the XXXIII ACMM Bengaluru and Complainant/Respondent have liberty to take further legal action against the Accused/Petitioner.

3. That the Complainant/Respondent and the Accused/Petitioner have entered into the above mentioned settlement out of their free will and volition."

3. In terms of the joint memo, the Criminal

Revision Petition stands disposed of. Since the entire

amount is paid, the accused is acquitted for the

offence punishable under Section 138 of the

Negotiable Instruments Act, 1881.

Further, amount-in-deposit if any, is ordered to

be withdrawn by the complainant under due

identification.

Sd/-

JUDGE

VBS