Karnataka High Court
T Srinivasa Reddy vs H N Srinivasa on 4 January, 2021
Author: K.Somashekar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL REVISION PETITION NO. 518 OF 2020
BETWEEN
T. Srinivasa Reddy
S/o Late Thimma Reddy
Aged about 42 years
R/o No.74, 1st Main Road
3rd 'A' Cross, Mallesh Palya
New Thippasandra Post
Bengaluru - 560 075.
... Petitioner
(By Sri. A.G. Shivanna, Advocate)
AND
H.N. Srinivasa
S/o Late Nanjundappa
Aged about 65 years
R/o No.211, 1st Cross
14th Block, Nagarabhavi 2nd Stage
Bengaluru.
... Respondent
(By Sri B. Somashekar Naidu-Advocate)
This Criminal Revision Petition is filed under Section
397 r/w 401 of the Code of Criminal Procedure, praying to
set aside the conviction and fine dated 18.08.2018 passed
by the XXVI Addl. C.M.M, Bengaluru in
C.C.No.23747/2017 and the order dated 02.01.2020
passed by the LII-Addl. City Civil and Sessions Judge,
Bengaluru in Crl.A.No.1865/2018 and dismiss the
complaint.
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This Criminal Revision Petition coming on for
Orders, this day, the court made the following:
ORDER
Sri A.G.Shivanna, learned counsel for the petitioner
appears through video conference. But none appear for
the respondent either through video conference or
physically present before the Court.
2. This revision petition is filed by the
petitioner/accused seeking to set-aside the judgment of
conviction and order of sentence rendered by the trial
Court in C.C.No.23747/2017 dated 18.08.2018 and
confirmed by the first Appellate Court in
Crl.A.No.1865/2018 dated 02.01.2020 dismissing the
appeal.
3. In this petition, I.A.2/2020 is filed by the
petitioner/accused and complainant/respondent under
Section 147 of the Negotiable Instrument Act seeking to
dispose of the present criminal revision petition in terms
of the settlement arrived between the parties. Both the
parties along with respective counsel have subscribed
their signatures in the application.
4. As per the terms of the compromise the
petitioner/accused and respondent/complainant have
agreed to settle the matter. In view of the settlement
between the parties, the petitioner/accused is ready and
willing to pay amount of Rs.1,90,000/- out of
Rs.3,00,000/- as per the order of the trial Court in
C.C.No.23747/2017. The respondent/complainant has
agreed for the said proposal and has received the amount
of Rs.1,90,000/- by way of DD dated 05.11.2020 drawn
on Indian Overseas Bank, Vijayanagar, Bangalore in full
and final settlement of the claimant. The copy of the DD
bearing No.639341 dated 05.11.2020 is produced along
with the application. Further, it is stated that there is no
other money transaction/claims between the parties
except the above transaction. In terms of the compromise
the parties are seeking to quash the entire proceedings in
C.C.No.23747/2017 pending before the trial Court for the
offence punishable under Section 138 of the N.I.Act.
5. Having gone through the application filed under
Section 147 of N.I.Act, the reasons assigned therein are
found to be justifiable and moreover, harmonious
relationship between the parties shall be continued which
is the object of Section 147 of the N.I.Act. When both the
parties have come forwarded to settle the dispute
amicably, the application filed by the parties deserves to
be considered. Accordingly, the petition is disposed of
terms of the compromise petition. Consequently, the
judgment of conviction and order of sentence rendered by
the trial Court in C.C.No.23747/2017 dated 18.08.2018
and confirmed by the first Appellate Court in
Crl.A.No.1865/2018 dated 02.01.2020 are hereby set-
aside. The accused is hereby acquitted for the offence
punishable under Section 138 of the N.I.Act.
Keeping in view the submission made by the learned
counsel for the petitioner, the amount if any, deposited
before the trial Court in C.C.No.23747/2017 is permitted
to be withdrawn, on proper identification.
Sd/-
JUDGE
DKB
