Mr Sadashiva vs Sri Raj Shekar
2022 Latest Caselaw 5750 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.910/2013

BETWEEN:

MR. SADASHIVA,
S/O YELLU MESTRI,
AGED 39 YEARS,
R/A ANGARA GUDDE,
KENCHANAKERE POST,
SIMANTHUR VILLAGE,
MULKI, MANGALORE TALUK.                        ...PETITIONER

             (BY SRI GURUPRASAD B.R., ADVOCATE)

AND:

SRI RAJ SHEKAR,
AGED ABOUT 34 YEARS,
S/O K. LAKSHMANA,
R/O MATHRUSHREE NILAYA,
AMABADI, KATAPADI POST,
MATTU VILLAGE, UDUPI TALUK.                  ...RESPONDENT

            (BY SRI SHOBHITH N. SHETTY, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 REAAD WITH 401 OF CR.P.C. PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER DATED 30.05.2012 PASSED BY
THE    III ADDL.   CIVIL JUDGE   AND    JMFC, UDUPI  IN
C.C.NO.4126/2009 AND ALSO JUDGMENT AND ORDER DATED
26.10.2013 PASSED BY THE PRL. SESSIONS JUDGE, UDUPI IN
CRL.A.NO.52/12 AND ALLOW THE ABOVE CRL.RP.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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                              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 ('N.I. Act' for short) read with

Section 320 of Cr.P.C. and an affidavit is also filed in support of

the application. The respective parties have also filed the joint

memo and in terms of the joint memo, the petitioner/accused

has paid an amount of Rs.60,000/- to the

respondent/complainant by way of cash towards full and final

satisfaction of the cheque amount. The petitioner herein had

deposited an amount of Rs.30,000/- before the Trial Court and

the same has to be repaid in favour of the petitioner and the

respondent is not having any objection to repay the amount in

favour of the petitioner.

3. In view of the settlement arrived between the parties

and filing of the joint memo, the application filed under Section

147 of the N.I. Act read with 320 of Cr.P.C. is allowed.

Consequently, the petitioner is acquitted for the offence

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

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

Sd/-

JUDGE

MD