Sri K R Balaji vs Sri K R Ramkumar
2022 Latest Caselaw 2691 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 17 T H DAY OF FEBRUARY, 2022

                             BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

 CRIMINAL REVISION PETITION NO.53 OF 2017

BETWEEN:

Sri K.R.Balaji,
Son of B.N.Rang aiah Shetty,
Aged about 39 years,
R/at N.R.Extension,
Chintamani Town,

And Business Place at
Balaji Home Needs,
Near Zilla Panchayat Office,
Chintamani Town-563125.
Chikkab allapur District.
                                                         ...Petitioner
(By Sri N.Manjunatha, Advocate)

AND:

Sri K.R.Ramkumar,
Son of B.N.Rang aiah Shetty,
Aged about 37 years,
R/at besid e Dr. Jayanthi House,
N.R.Extension, Chintamani-563125.
                                                        ...Respondent
(By Smt. K.S.Niveditha, Advocate for
    Sri Nag araj S. Jain, Ad vocate)

     This     Criminal    Revision     Petition    is    filed   under
Section 397 read with 401 of Cr.P.C., praying (a) to
set aside the judgment and order dated 02.12.2016
passed   by    the   II   Additional    District    and     Sessions
                           :: 2 ::


Judge,   Chickb allapur   (sitting     at   Chinthamani)        in
Crl.A.No.15/2016 and (b) to set asid e the judgment
and sentence dated 23.01.2016 passed by the Prl.
Civil Judge, and JMFC, Chintamani in C.C.No.391/2012
and acquit the p etitioner from all charg es etc.

      This Criminal   Revision      Petition   coming    on    for
orders this d ay, the Court mad e the following:

                          ORDER

An application under section 147 of N.I.Act

signed by the petitioner and the respondent and

their respective counsel is filed for composition of

the offence under section 138 of N.I.Act. It is

stated that the matter has been settled between

the parties for a sum of Rs.5,00,000/- and that

the petitioner has paid Rs.3,00,000/- to the

respondent by way of cash and has no objection

for withdrawing Rs.2,00,000/- already deposited

by him in the trial court at Chintamani. Counsel

for the respondent who is present submits that he

has no objection for allowing this application.

:: 3 ::

2. In view of the settlement between the

parties, compounding is recorded. The judgments

of the trial court and the appellate court are set

aside. The petitioner is acquitted of the offence

under section 138 of N.I.Act.

The respondent is permitted to withdraw

Rs.2,00,000/- available in deposit in connection

with C.C.No.391/2012 in the Court of Prl. Civil

Judge and JMFC, Chintamani.

Sd/-

JUDGE

sd