Karnataka High Court
Sri C M Shivakumar vs M/S. Krushi Developers on 22 March, 2022
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL REVISION PETITION NO.1243/2019
BETWEEN:
SRI C.M. SHIVAKUMAR,
S/O MARIYAPPA,
AGED ABOUT 36 YEARS,
R/AT CHEEMANGALA VILLAGE,
JANGAMAKOTE HOBLI,
SHIDLAGHATTA TALUK,
CHIKKABALLAPURA DISTRICT. ...PETITIONER
(BY SRI KASHINATH J.D., ADVOCATE)
AND:
M/S. KRUSHI DEVELOPERS,
A PARTNERSHIP FIRM HAVING OFFICE
AT NO.335, 2ND FLOOR, V.S. CORNER,
R.T. NAGAR MAIN ROAD,
BANGALORE RURAL DISTRICT-562110. ...RESPONDENT
(BY SRI VENKATESH PRASAD R, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 READ WITH 401 OF CR.P.C. PRAYING TO SET ASIDE
THE JUDGMENT AND ORDER OF CONVICTION DATED 06.03.2017
PASSED IN C.C.NO.25049/2015 ON THE FILE OF THE 27TH A.C.M.M.
AT BENGALURU AND ALSO CONFIRMATION OF CONVICTION IN
CRL.A DATED 29.06.2019 PASSED IN CRL.A.NO.469/2017 ON THE
FILE OF THE 55TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
AT BENGALURU AS ILLEGAL.
THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
Both the parties and their respective learned counsel are
present before the Court.
2. An application is filed under Section 147 of the
Negotiable Instruments Act ('NI Act' for short), wherein both the
parties have stated that they have compromised the matter for
an amount of Rs.5,00,000/- as full and final settlement. In
terms of the compromise, the petitioner has paid an amount of
Rs.2,00,000/- by way of Demand Draft dated 22.02.2022 and
the same has been acknowledged by the respondent. The
petitioner has also issued the post dated cheque dated
09.09.2022 for an amount of Rs.2,50,000. It is also stated that
the petitioner has deposited an amount of Rs.50,000/- before
the First Appellate Court in pursuance of the order passed in
Crl.A.No.469/2017. In all, the petitioner has paid an amount of
Rs.5,00,000/- in terms of the compromise.
3. The application is signed by both the petitioner as
well as the respondent and their respective learned counsel. In
view of the filing of the application under Section 147 of the NI
Act, they are permitted to compound the offence. On perusal of
the order passed by the Trial Court, a fine of Rs.5,000/- was
ordered to vest with the State and in the application there is no
averment with regard to the payment of fine amount is
concerned. Hence, out the amount of Rs.50,000/- deposited by
the petitioner before the First Appellate Court in pursuance of
the order passed in criminal appeal, an amount of Rs.45,000/- is
ordered to be paid in favour of the respondent and remaining
amount of Rs.5,000/- shall vest with the State. The petitioner is
directed to pay the difference amount of Rs.5,000/- to the
respondent, forthwith. The petitioner has given the post dated
cheque and if the same is not honoured, the respondent is given
liberty to proceed in accordance with law.
4. With these observations, the petition is disposed of
and the conviction order passed against the petitioner is set
aside and he is acquitted and bail bond is cancelled subject to
the realization of the post dated cheque.
Sd/-
JUDGE
MD
