Karnataka High Court

Mr. Ramakrishna Gowda vs Mr. Shaji Thomas on 22 October, 2021

Author: P.N.Desai

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 22ND DAY OF OCTOBER, 2021

                        BEFORE:

           THE HON'BLE MR. JUSTICE P.N.DESAI

       CRIMINAL REVISION PETITION No.435/2021


BETWEEN:

MR. RAMAKRISHNA GOWDA
AGED ABOUT 63 YEARS,
S/O NEELAYYA GOWDA,
R/AT KULANDY, ANIYOOR,
NERIA POST AND VILLAGE,
BELTHANGADY TALUK,
D.K DISTRICT-574 228.
                                          ... PETITIONER

(BY SRI. P.ANANTHA BHAT FOR SRI ABHINAV.R, ADV.)

AND:
MR. SHAJI THOMAS
AGED ABOUT 53 YEARS,
S/O THOMAS,
MANGALATHIL HOUSE,
THOTATHADY VILLAGE,
BELTHANGADY TALUK,
D.K DISTRICT-574 228.
                                         ...RESPONDENT

(BY SRI. ALLAH BAKASH.M., ADV.)


     THIS CRIMINAL REVISION PETITION 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 JUDGMENT, SENTENCE AND
                            -2-


CONVICTION AND THE ORDER DATED 23.09.2020 PASSED
IN CRL.A.NO.71/2019 BEFORE THE I ADDITIONAL
DISTRICT AND SESSION JUDGE, D.K., MANGALORE AND
THE JUDGMENT AND ORDER DATED 07.06.2019 PASSED
BY THE PRL.CIVIL JUDGE AND JMFC, BELTHANGADY IN
CRL.CASE NO.515/2016 AND DISMISS THE CASE OF THE
COMPLAINANT BY ALLOWING THE PRESENT APPLICATION.

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

                          ORDER

The petitioner by name Sri.Ramakrishna Gowda and

respondent Sri.Shaji Thomas appeared through video

conference stated that they are appearing through video

conference from the Chambers of their trial court advocate

one Dhananjaya at Belthangadi Taluk. The learned counsel

for the revision petitioner Sri.P.Anantha Bhat representing

on behalf of Sri.Abhinav R. for the revision petitioner and

Sri.Allah Bakash M., learned counsel for the respondent

are present before the Court physically and identified their

respective parties appearing through online and filed a

joint memo stating that they have compromised the case.

The said memo reads as under:

"The above named petitioner/accused and the respondent/complainant humbly submits as follows:

1. The complainant/respondent had filed the above case against the accused/petitioner herein for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881. The subject matter of the cheque involved in the above proceedings is Rs.66,400/- (Rupees Sixty Six Thousand Four Hundred Only) which was issued by the accused herein in favour of the complainant towards the discharge of the legally recoverable debt due and liable to be paid by him (accused) to the complainant.

2. The accused/petitioner has filed the present revision petition challenging the aforesaid judgment and order dated 07.09.2019 passed in Criminal Appeal No.71/2019 on the file of the I Addl. District and Sessions Judge, D.K. Mangalore. The Lower Appellate Court dismiss the aforesaid Criminal Appeal No.71/2019 vide judgment and order dated 23.09.2020 and confirms the judgment and order passed in

C.C.No.515/2016 before the Prl.Civil Judge and JMFC, Belthangady. Hence, the accused/petitioner has filed the above revision petition.

3. The complainant/respondent has entered appearance in the above matter by filing vakalath. During the pending revision petition of the proceedings in the above matter, the accused/petitioner has undertaken/promised the complainant/respondent that he is ready and willing to pay/make good the aforesaid debt/liability in a sum of Rs.1,00,000/-. However, at the intervention of the Court and well wishers the parties have settled all their disputes and differences amicably with the following terms and conditions:

4. It is agreed between the parties that a total amount of Rs.33,600/- provided by directly depositing/remitting the same to the account of the complainant/respondent name i.e. Shaji Thomas by way of Demand Draft No.135117, Code No.592 dated 09.09.2021 of Karnataka Bank Ltd. Ujire Branch. The said photocopy of Demand Draft was handed over to respondent on

29.09.2021. The original Demand Draft will be handed over to respondent at the time of settlement before this Hon'ble Court. The petitioner/accused has already deposited amount of Rs.66,400/- before the lower court on 02.08.2019 in receipt No.294525. The copy of the receipt of money received is annexed to this present joint memo. The petitioner/accused would withdraw the said amount hand over the said amount to respondent/complainant.

5. The respondent has agreed for the above amounts towards complete and final satisfaction of all claims against the petitioner/accused. The above amount shall be payable at one installment, the particulars of which is set out hereunder:

(a) the petitioner shall pay an amount of Rs.33,600/- via Demand Draft Number with demand Draft No.135117, Code No.592 dated 09.09.2021 of Karnataka Bank Ltd. Ujire Branch and same is handed over to the complainant/respondent today at Belthangady.

(b) The petitioner shall co-operate to withdraw the deposit amount of Rs.66,400/-

from the Prl. Civil Judge and JMFC, Belthangady in C.C.No.515/2016, in receipt No.294525 dated 02.08.2019 which was deposited as surety amount. The said amount of Rs.66,400/- will be handed over same to respondent as complete satisfaction of all his claims against the petitioner/accused.

7. The complainant/respondent has indemnified by the petitioner/accused from any other proceedings, criminal or civil cases with respect to cheque No.035141 and 03.11.2014 and demand notice dated 09.12.2014 or any other claim with respect to the above mentioned cheque. The respondent/complainant shall not initiate fresh proceedings against the accused/petitioner in view of the terms of the present joint memo and compromise between the parties.

8. With this settlement, neither party has any claim over the other. The present compromise is entered for mutual benefit, peace and to maintain cordiality between the parties.

9. The present revision petition may be allowed by dismissing the judgment and order dated 07.09.2019 passed in Criminal Appeal No.71/2019 on the file of the I Addl. District and Sessions Judge D.K. Mangalore, further dismisses the aforesaid Criminal Appeal No.71/2019 vide judgment and order dated 23.09.2020 and PCR No.3/2015 before the Prl. Civil Judge and JMFC, Belthangady.

WHEREFORE, it is prayed that this Hon'ble Court be pleased to dispose of the aforesaid petition, in terms of present joint memo, in the interest of justice and equity."

2. Both the parties appeared through video

conference stated that the Demand Draft for Rs.33,600/-

is given to the complainant/respondent by the

accused/revision petitioner. Learned counsel for both the

parties and parties stated that, apart from that, the

complainant will withdraw the amount of Rs.66,400/-

deposited before the Principal Civil Judge and JMFC,

Belthangadi in C.C.No.515/2016 vide receipt No.294525

dated 2.8.2019. It is stated that the said amount will be

withdrawn as per the terms stated in paragraph No.5(b) of

the joint memo. The revision petitioner shall co-operate to

withdraw the deposited amount by the