Sri. C. Narayanaswamy vs Sri. Venkatashamappa
2021 Latest Caselaw 3827 Kant

Citation : 2021 Latest Caselaw 3827 Kant
Judgement Date : 10 November, 2021

Karnataka High Court

Sri. C. Narayanaswamy vs Sri. Venkatashamappa on 10 November, 2021

Bench: Hanchate Sanjeevkumar

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  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. 785/2019


BETWEEN:

SRI. C. NARAYANASWAMY
S/O. LATE KALAPPA,
AGED ABOUT 55 YEARS,
R/AT GOPALAPURA VILLAGE,
MARENAHALLI DHAKLE, BAGALUR(POST)
BENGALURU NORTH TALUK,
BENGALURU.
                                      ... PETITIONER
(BY SRI. N. KRISHNA KISHORE, ADVOCATE)

AND:

SRI. VENKATASHAMAPPA,
@ VENKATA SWAMAPPA
S/O LATE MUNIVENKATAPPA,
AGED ABOUT 68 YEARS,
R/AT GOPALAPURA VILLAGE,
MARENAHALLI DHAKLE, BAGALUR(POST),
BENGALURU NORTH TALUK,
BENGALURU.
                                     ... RESPONDENT

(BY SRI. SHASHI KUMAR, ADVOCATE)


     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION UNDER SECTION 397 READ WITH 401
CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT AND ORDER DATED 30.01.2019 PASSED IN
CRL.A.NO.1429/2017 OF THE HON'BLE LIX ADDITIONAL
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CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-60)
COURT OF BENGALURU AND ALSO SET ASIDE THE
JUDGMENT     AND   ORDER     DATED  13.09.2017  IN
C.C.NO.3910/2016    PASSED     BY   THE    LEARNED
MAGISTRATE XVIII A.C.M.M., BENGALURU CITY.

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

                          ORDER

Learned counsel for the petitioner and respondent

have submitted that the parties in the case have settled

the matter out of the Court. To that effect, the learned

counsel for the petitioner and respondent have filed a joint

memo praying to set aside the judgment and orders dated

13.09.2017 in C.C.No.3910/2016 and Criminal Appeal

No.1429/2017 judgment dated 30.01.2019 passed by the

LXI Additional City Civil and Sessions Judge, Bengaluru

(CCH-60) Court of Bengaluru.

2. The joint memo of petitioner and respondent

reads as follows:

"1. The petitioner submits that, the petitioner being aggrieved by the order of the Hon'ble XVIII A.C.M.M. court of Bangalore, on the judgments and orders dated 13/09/2017 in C.C.No.3910/2016 and Crl.Appeal No.1429/2017

judgment Dated 30-01-2019 passed by the Hon'ble LXI Addl. City Civil and Sessions Judge, Bangalore (CCH-60) Court of Bangalore, for the offence punishable U/s 138 of NI Act. Against the petitioner, hence the petitioner herein preferred this present Revision Petition before this Hon'ble High Court of Karnataka.

2. The petitioner further submits that, the petitioner and respondent come for settlement out of court and settled the matter in between them and the very same reporting to the court and the Hon'ble court be pleased to consider the same.

Wherefore, the petitioner and respondent prays that this Hon'ble court be pass an order as the matter is settled out of the court, and set aside the judgments and orders dated 13/09/2017, in C.C.No.3910/2016 and Crl.Appeal No.1429/2017 judgment Dated 30- 01-2019 passed by the Hon'ble LXI Addl. City Civil and Sessions Judge, Bangalore (CCH-60) Court of Bangalore, for the offence punishable U/s 138 of NI Act in the interest of justice."

3. Upon enquiry by the Court, both the petitioner

and the respondent submitted that the settlement between

the parties are on their own voluntary act without there

being any influence, coercion or threat and on their

consciousness they have entered into the settlement and

accordingly filed the joint memo stating that the

settlement is as per the terms and conditions stated in the

joint memo.

4. It is seen that the petitioner and respondent

have put their respective signatures along with the

signatures of their respective advocates. Since the matter

is settled out of the Court, the petition is liable to be