Varada Reddy vs L Venkatachalapathy
2022 Latest Caselaw 6053 Kant

                           1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 4TH DAY OF APRIL, 2022

                         BEFORE

         THE HON'BLE MR. JUSTICE V. SRISHANANDA

      CRIMINAL REVISION PETITION NO.1060/2021

BETWEEN

VARADA REDDY
S/O VENKATESHAPPA
AGED 56 YEARS,
R/O ANKATHATTI VILLAGE,
SUGUTUR HOBLI,
KOLAR TALUK AND DISTRICT - 563 101
                                            ...PETITIONER
(BY SRI ANAND R V FOR
SRI S.RAGHUNATHA GOWDA, ADVOCATES)

AND

L VENKATACHALAPATHY
S/O LAKSHMAIAH, AGED ABOUT 62 YEARS,
R/O KOLAR CITY, KOLAR
KOLAR TALUK AND DISTRICT - 563 101
AND ALSO R/O NO. 1766
BRAHMIN STREET
KOLAR TOWN AND DISTRICT- 563 101
(AS PER THE LEGAL NOTICE DATED
27.07.2008 HEREWITH PRODUCED FOR
KIND PERUSAL OF THIS HON'BLE COURT
                                           ...RESPONDENT

(BY SRI R.V.SHIVANANDA REDDY, ADVOCATE)

      THIS PETITION IS FILED UNDER SECTION 397 R/W 401
CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
                                  2

DATED 21.10.2015 PASSED IN C.C.NO.55/2009 ON THE FILE OF
THE PRL.CIVIL JUDGE AND JMFC, KOLAR AND ALSO THE
JUDGMENT AND ORDER DATED 11.06.2019 PASSED IN
CRL.A.NO.62/2015 ON THE FILE OF THE 1ST ADDL.SESSIONS
JUDGE AT KOLAR, AND ACQUIT THE PETITIONER U/S 138 OF
THE N.I ACT.

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

                               ORDER

Heard Sri Anand R.V., appearing for Sri S. Raghunatha

Gowda, learned counsel for the petitioner and Sri

R.V.Shivanandareddy, learned counsel for the respondent and

the parties who are present before the Court.

2. The learned counsel appearing for the parties jointly

submit that a joint application under Section 147 of the

Negotiable Instruments, Act (hereinafter referred to as the 'NI

Act' for short) read with Section 482 Cr.P.C. is made and the

same is placed on record.

2. The contents of the joint application is read over

and explained to the parties and they admit that the contents

found in the affidavit in respect of the joint application is true

and correct and there is no force or undue influence or coercion

in reaching out the terms of settlement.

3. In fact this matter was disposed of on 21.12.2021.

Since, there is a true settlement between the parties, the order

dated 21.12.2021 is hereby recalled and petition is disposed of

by accepting the joint application. The offence alleged against

the Revision Petitioner is only under Section 138 of the NI Act

and the entire fine amount has been paid by the Revision

Petitioner. Accordingly, this Court pass the following:

ORDER

The Criminal Revision Petition is disposed of in terms of

the joint application filed under Section 147 Cr.P.C.

Consequently, the conviction order passed by the trial

Magistrate and learned Sessions Judge is hereby set aside.

Amount in deposit is ordered to the withdrawn by the

respondent.

Sd/-

JUDGE

KA*