Murali vs Prabhakar M
2022 Latest Caselaw 1071 Kant

                            1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF JANUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

          CRIMINAL REVISION PETITION No.373/2021

BETWEEN

MURALI
S/O LATE VENKATESH
AGED ABOUT 49 YEARS,
BUSINESSMAN
R/O CHAMEGOWDA LINE
BHADRAVATHI -577 301.                       ...PETITIONER

(BY SRI. GOUTHAM A. R., ADVOCATE
 AND SRI. S. BASAVARAJ, ADVOCATE)

AND

PRABHAKAR M
S/O H B MAHESHWARAPPA
AGED ABOUT 44 YEARS,
AGRICULTURIST AND ARECA MERCHANT
R/O N.M.C. 5TH CROSS
LEFT SIDE, HOSAMANE
BHADRAVATHI-577 301.                      ...RESPONDENT

       THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF THE CODE OF
CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE
JUDGMENT DATED 16.05.2020 PASSED IN CRL.A.NO.5031/2019
ON THE FILES OF THE COURT OF THE IV ADDITIONAL DISTRICT
AND     SESSIONS   JUDGE,   SHIVAMOGGA     SITTING   AT
BHADRAVATHI THEREBY CONFIRMING THE JUDGMENT DATED
08.11.2019 IN C.C.NO.267/2019 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI BY
ALLOWING THE PRESENT R.P WITH COSTS.
                              2


      THIS CRIMINAL REVISION PETITION COMING ON FOR
REPORTING SETTLEMENT THROUGH VIDEO CONFERENINCING
THIS DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

This revision petition is filed by the petitioner

accused under Section 397 read with Section 401 of

Cr.P.C. for setting aside the judgment dated 16.05.2020

passed in Criminal Appeal No.5031/2019 by the IV

Additional District and Sessions Judge, Shivamogga, sitting

at Bhadravathi, by which the learned Sessions Judge has

confirmed the judgment of conviction ad sentence passed

by the Principal Senior Civil Judge and JMFC, Bhadravathi

in C.C. No.267/2019 dated 08.11.2019 for the offence

punishable under Section 138 of the Negotiable Instrument

Act.

2. During the pendency of this petition, notice was

served to the respondent and the respondent is

unrepresented.

3. Today, the petitioner and respondent have

appeared through video conferencing and filed a joint

affidavit for settlement. The petitioner is identified by his

learned Counsel.

4. The parties submit that they have amicably

settled the dispute between themselves and accordingly,

pray for setting aside the judgment of conviction and

sentence passed by the trial Court.

5. In view of the settlement arrived at between the

parties and in view of the restrictions imposed due to

Covid-19 pandemic, the joint affidavit of compromise filed

by the parties is treated and accepted as a compromise

application filed under Section 147 of N.I. Act.

6. Accordingly, the Criminal revision petition is

allowed. The impugned judgment of conviction ad

sentence passed by the trial Court is hereby set aside.

The petitioner is acquitted of the offence punishable

under Section 138 of the Act.

The amount in deposit, if any, shall be refunded,

after due identification, to the petitioner.

Pending I.A. if any does not survive for consideration

ad it is accordingly dismissed.

Sd/-

JUDGE

Cs