M/S. Mumbai Vada Pav vs Sri. G. V. Gopala Krishna
2022 Latest Caselaw 4824 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 15TH DAY OF MARCH, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE K. NATARAJAN

       CRIMINAL REVISION PETITION No.827/2021
BETWEEN:
1.     M/S. MUMBI VADA PAV
       REPRESENTED BY ITS PROPRIETOR
       MR.SRINIVASA SHETTY.V
       NO.652, 11TH MAIN
       4TH BLOCK, JAYANAGAR
       BENGALURU - 560 011.

2.     MR.SRINIVASA SHETTY.V
       NO.652, 11TH MAIN
       4TH BLOCK, JAYANAGAR,
       BENGALURU-560 011                  ...PETITIONERS
       (BY SRI.BALAKRISHNA. M.R., ADVOCATE)
AND:
SRI.G.V.GOPALA KRISHNA
S/O LATE G VENKATAPPA
AGED ABOUT 62 YEARS
R/AT NO.349, 1ST FLOOR
10TH B MAIN,
3RD BLOCK, JAYANAGARA,
BENGALURU - 560 011.                       ...RESPONDENT
      (BY SRI. ANANTHA NAYARAYA.B.N.)

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE
THE JUDGMENT AND ORDER PASSED BY THE HONBLE LVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
IN CRL.A.NO.1771/2018 DATED 20.03.2021 DISMISSING THE
APPEAL FILED BY THE PETITIONER AND ACQUIT HIM FOR THE
OFFENCE P/U/S 138 OF N.I.ACT.
                                  2


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

                               ORDER

This revision petition is filed by the petitioners under

Section 397 read with 401 of Cr.P.C for setting aside the

judgment and order passed by the LVI Additional City Civil

And Sessions Judge, Bangalore in Crl.A.No.1771/2018 dated

20.03.2021 dismissing the appeal filed by the petitioners

herein and acquit him for the offence punishable under

Section 138 of Negotiable Instrument Act (for short N.I.Act)

2. Though this petition came before this Court for

extension of time to comply the order passed in

I.A.No.1/2021 dated 28.07.2021, but both the parties came

forward for settlement. Accordingly, the case is taken up by

this Court.

3. During the pendency of the case, petitioner No.2

and the respondent appeared and filed joint application under

Section 147 of N.I. Act. In view of the same, petitioners have

already paid `50,000/- (Rupees Fifty thousand only) to the

respondent's counsel on 11.03.2022 and today, he has paid

Rs.33,000/- by way of cash towards full and final settlement.

The brother of the complainant appeared physically and

petitioner no.2 said to be unwell and the learned counsel

represented the petitioners.

4. I.A.No.1/2022 is allowed. Parties are permitted

to compound the offence punishable under Section 138 of

N.I.Act.

5. Consequently, the criminal revision petition is

allowed. Judgment of conviction and order of sentence

passed by learned XXII Addl. Chief Metropolitan magistrate,

Bengaluru in C.C.No.22339/2017, dated 01.08.2018 and LVI

Additional City Civil And Sessions Judge, Bangalore (CCH 57)

in Crl.A.No.1771/2018 Dated 20.03.2021 are hereby set

aside.

6. The petitioners are acquitted for the offence

punishable under Section 138 of N.I. Act.

7. The bail bond stands cancelled.

In view of the disposal of the main matter, I.A.No.2/2021 does not survive for consideration. Hence, disposed of.

Sd/-

JUDGE

GVP