B N Somashekar vs T S Prakash
2021 Latest Caselaw 3823 Kant

                           1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF NOVEMBER, 2021

                        BEFORE

 THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

  CRIMINAL REVISION PETITION NO.1105/2021

BETWEEN:

B.N.SOMASHEKAR,
S/O NINGEGOWDA,
AGED ABOUT 58 YEARS,
R/O BIDAREKERE VILLAGE,
HIRISAVE HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573141.
                                        ... PETITIONER
(BY SRI. G.M.ANANDA, ADVOCATE)

AND:

T.S. PRAKASH,
S/O T.SHIVAPPA,
AGED ABOUT 61 YEARS,
TEACHER,
R/O THUPPANAHALLY VILLAGE,
HIRISAVE HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573124.

                                      ... RESPONDENT
(BY    SRI. RAMESH KUMAR R.V., ADVOCATE)


     THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W
401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
SET ASIDE THE IMPUGNED JUDGMENT AND ORDER
DATED 03.04.2021 PASSED BY THE V ADDITIONAL
DISTRICT AND SESSIONS JUDGE, TIPTUR IN CRL. A.
                               2




NO.10009/2018 AND THE JUDGMENT AND ORDER OF
CONVICTION DATED 15.03.2018 PASSED BY THE SENIOR
CIVIL   JUDGE     AND    JMFC,   TURUVEKERE     IN
C.C.NO.80/2016, DISMISS THE COMPLAINT AND ETC.,


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


                           ORDER

Shri. Ramesh Kumar R.V., learned Advocate has filed

vakalat for respondent and the same is placed on record.

2. The petitioner and the respondent are present

in person before the Court and submitted that they have

amicably settled the case and accordingly pray permission

of this Court to file a joint memo.

3. Joint memo filed by the petitioner and the

respondent is placed on record.

4. Upon enquiry made by the Court and on

perusal of the joint memo filed by the parties, it is seen

that both the petitioner and the respondent have stated

that they have arrived at the compromise and it is on their

own voluntary act and without any coercion or influence by

anybody else. Therefore, requested the Court to accept the

joint memo and also the learned counsel for the petitioner-

accused submitted that the petitioner accused may be

acquitted from the charges levelled against him for the

offences alleged.

5. The joint memo reads as under:

1. The petitioner filed this Criminal Revision Petition against the impugned judgment and order dt:03-04-2021 passed by the V Addl. District and Sessions Judge, Tiptur in Crl.A.No:10009/2018 and the Judgement and order conviction dt.15-03-2016 passed by The Senior Civil Judge & J.M.F.C Turuvekere in C.C.No.80/2018.

2. That the petitioner and the respondent have entered in to compromise, the petitioner is ready to pay sum of Rs.3,00,000/- (Rs.Three Lakh only) and the respondent agreed to accept the same as full the final settlement.

3. That the petitioner has paid the agreed amount and the respondent acknowledges the receipt of agreed amount of Rs.3,00,000/- (Rs. Three Lakh only) by way of cash and has no objection to allow the Criminal Revision Petition as prayed therein and in terms this joint memo.

Hence, the petitioner and the respondent most respectfully pray that this Hon'ble court may be pleased to accept the joint memo and allow the Criminal Revision Petition, in the interest of justice and equity.

6. Both the petitioner and the respondent along

with their respective Advocates have put their signatures

in the joint memo.

7. Accordingly, the joint memo is accepted and

the petitioner-accused is acquitted of the charges leveled

against him for the offence under Section-138 of the

Negotiable Instruments Act, 1881.

8. In view of the joint memo, the criminal

revision petition is disposed of.

Sd/-

JUDGE

JJ