Sri. Srinath vs Sri. Venkateshaiah
2022 Latest Caselaw 11707 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 9TH DAY OF SEPTEMBER, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

        CRIMINAL REVISION PETITION No.1056/2021

BETWEEN

SRI. SRINATH
S/O. NARAYANAPPA,
AGED ABOUT 44 YEARS,
R/AT NO.47, 3RD MAIN,
NEAR SUKRAMARAMMA TEMPLE,
KEMPEGOWDA LAYOUT, LAGGERE,
BENGALURU-560058.                         ...PETITIONER

(BY SRI. GANGADHARAIAH A.N., ADVOCATE)

AND

SRI. VENKATESHAIAH
S/O.LATE VEERAPPA,
AGED ABOUT 65 YEARS,
R/AT NO.156, 1ST MAIN,
2ND CROSS,
KEMPEGOWDA LAYOUT, LAGGERE,
BENGALURU-560056.                        ...RESPONDENT

(BY SRI. K.V. VASANTH, ADVOCATE)

       THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF THE CODE OF
CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE
JUDGMENT      AND    ORDER     DATED    07.04.2021   IN
CRL.A.NO.656/2017 BY THE LXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CONFIRMING THE ORDER OF
SENTENCE DATED 07.04.2017 PASSED BY THE 22nd
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
IN C.C.NO.17869/2016 AND ACQUIT THE PETITIONER.
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     THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

Though the revision petitioner has filed I.A.2/2021

seeking extension of time for complying interim order

passed by this Court, but during the pendency of the I.A.,

the learned counsel for the parties arrived for settlement

by way of filing an application.

2. This revision petition is filed under Section 397 of

the Cr.P.C. for setting aside the judgment of conviction

and sentence dated 07.04.2017 passed by the XXII

Additional Chief Metropolitan Magistrate, Bengaluru City in

C.C. No.17869/2016 and the same was upheld by the LXII

Additional City Civil and Sessions Judge, Bengaluru vide its

order dated 07.04.2021 in Criminal No.656/2017, for the

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

3. During the pendency of hearing on I.A.2/2021,

the petitioner and respondent appeared through their

counsel and filed an application I.A. No.2/2022 under

Section 147 of N.I. Act for compounding the offence. Both

the parties have filed joint affidavit. The petitioner has

handed over demand drafts for Rs.49,999/-, and

Rs.30,000/- and Rs.30,000/- each to the respondent.

Thereby, the petitioner has handed over demand drafts for

Rs.1,09,999/- and Rs.1.00 cash was paid to the

respondent, making it Rs.1,10,000/-. It is stated that

Rs.40,000/- is already deposited before the Magistrate by

the petitioner. The matter is settled for the sum of

Rs.1,50,000/- and it is accepted by the parties. Therefore,

I.A. No.2/2022 is allowed.

3. Consequently, the present revision petition is

allowed. The judgment and the order of conviction and

sentence passed by the trial Court and upheld by the first

appellate court is set aside. The petitioner is acquitted of

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

bonds of the petitioner stand cancelled. The amount of

Rs.40,000/- deposited before the Magistrate is ordered to

be released to the respondent complainant with due

identification.

4. In view of the disposal of the petition as above,

I.A. Nos.2/2021, 3/2021 and 1/2022 do not survive for

consideration. They are accordingly disposed of.

Sd/-

JUDGE

Cs