Sri Ningegowda vs Sri. K G Chidananda
2022 Latest Caselaw 5747 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 30TH DAY OF MARCH, 2022

                         BEFORE

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

          CRIMINAL REVISION PETITION NO.263/2021

BETWEEN:

SRI NINGEGOWDA
SON OF LATE ANNADANAIAH
AGED ABOUT 66 YEARS
KISAN SEVA KENDRA
DIESEL AND PETROL BUNK
C.S.PURA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT-572 117.                ... PETITIONER

                (BY SRI NAGAIAH, ADVOCATE)
AND:

SRI K.G.CHIDANANDA
SON OF GURUNANJAPPA
AGED ABOUT 54 YEARS
RESIDING AT KODINAGENAHALLI
NUTTUR HOBLI, GUBBI TALUK
TUMAKURU DISTRICT-572 117.               ... RESPONDENT

              (BY SRI R.D.PANCHAM, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W. SECTION 401 OF CR.P.C., PRAYING TO SET
ASIDE THE JUDGMENT DATED 27.10.2020 PASSED BY THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN
CRL.A.NO.90/2019 AND THE JUDGMENT DATED 14.10.2019
PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., GUBBI
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IN C.C.NO.398/2015 AND ACQUIT THE ACCUSED/PETITIONER
HEREIN.

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

                           ORDER

The learned counsel for the petitioner and the learned

counsel for the respondent have filed an application under

Section 147 of the N.I.Act and also filed separate affidavit in

support of an application by both the parties.

2. A joint memo is also filed and it is duly signed by

both the parties and their respective counsel. In terms of the

joint memo, already an amount of Rs.1,32,000/- is deposited

before the Trial Court. Hence, the respondent is permitted to

withdraw the amount and the petitioner is not having any

objection.

3. The learned counsel for the petitioner also would

submit that as per the directions of this Court, an amount of

Rs.1,32,000/- has been deposited before the Trial Court. The

petitioner is not having any objection to withdraw the amount by

the respondent.

4. In view of the settlement, the petitioner is permitted

to withdraw the amount of Rs.1,22,000/-, which is in deposit

before the Trial Court. The respondent is not having any

objection to release this amount in favour of this petitioner and

the remaining amount of Rs.10,000/- shall vest with the State as

the Trial Court has imposed the fine of Rs.10,000/- to state.

5. The joint memo is accepted and application is

allowed. In view of allowing the application filed under Section

147 of the N.I.Act, the accused/petitioner is acquitted for the

offence punishable under Section 138 of the N.I.Act.

6. With these observations, the petition stands disposed

of.

Sd/-

JUDGE

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