Sri K R Raghavendra vs Sri Ramesh J
2022 Latest Caselaw 5381 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 24TH DAY OF MARCH, 2022

                          BEFORE

            THE HON'BLE MR. JUSTICE H.P. SANDESH

          CRIMINAL REVISION PETITION NO.845/2019

BETWEEN:

SRI K.R. RAGHAVENDRA,
S/O K.N. RAMAMURTHY,
AGED ABOUT 48 YEARS,
NO.26, VEERABHARASWAMI NILAYA,
2ND CROSS, NEW EXTENSION,
GANGOTHRI ROAD, K.R.PURAM,
BENGALURU-560036.                             ...PETITIONER

             (BY SRI RAMESHCHANDRA, ADVOCATE)

AND:

SRI RAMESH J,
S/O JUNJAPPA,
AGED ABOUT 44 YEARS,
RESIDING AT MEDAHALLI VILLAGE,
BIDARAHALLI HOBLI,
BENGALURU EAST TALUK.                       ...RESPONDENT

             (BY SRI H.S. RAMAMURTHY, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 READ WITH 401 OF CR.P.C. PRAYING TO SET ASIDE
THE CONVICTION AND SENTENCE IMPOSED ON THE PETITIONER
BY JUDGMENT DATED 11.04.2018 IN C.C.NO.32467/2014 ON THE
FILE OF THE XII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
BENGALURU CITY AND CONFIRMED BY THE LVI ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-57) IN
CRL.A.NO.808/2018 BY ORDER DATED 10.05.2019 AND ACQUIT
THE PETITIONER.
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     THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

                            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 settled the dispute and the

petitioner is liable to pay an amount of Rs.2,00,000/- as full and

final settlement. Out of that, today the petitioner has paid an

amount of Rs.80,000/- by way of Demand Draft and the same

has been acknowledged by the respondent. An Amount of

Rs.20,000/- is already deposited before the Trial Court in

compliance with the order of the Appellate Court and the

petitioner has no objection for the respondent withdrawing the

same. The learned counsel for the petitioner sought three

months time to pay the balance amount of Rs.1,00,000/- and

the learned counsel for the respondent agreed to give two

months time. Hence, two months time is granted to pay the

balance amount of Rs.1,00,000/- in terms of the settlement.

The learned counsel submits that the remaining balance amount

of Rs.1,00,000/- will be paid by way of demand draft within two

months from today.

3. The Trial Court had also imposed fine of Rs.5,000/-

to vest with the State. Hence, the petitioner is directed to pay

an amount of Rs.5,000/- within one week from today and place

the receipt for having paid the amount before this Court.

4. The application filed under Section 147 of the NI Act

is allowed subject to the petitioner paying an amount of

Rs.1,00,000/- within two months from today. The petitioner is

acquitted for the offence punishable under Section 138 of the NI

Act.

5. With these observations, the petition is disposed of.

Sd/-

JUDGE

MD