Sri Krishnappa vs Sri Raghavendra Rao
2023 Latest Caselaw 5369 Kant

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                                                             NC: 2023:KHC:27820
                                                        CRL.RP No. 1340 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 7TH DAY OF AUGUST, 2023

                                             BEFORE
                         THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                        CRIMINAL REVISION PETITION NO. 1340 OF 2016
                   BETWEEN:

                   1.    SRI. KRISHNAPPA
                         S/O. LATE. MUTHAPPA,
                         AGED ABOUT 52 YEARS,

                   2.    SMT. RADHAKRISHNA
                         W/O. SRI. KRISHNAPPA,
                         AGED ABOUT 46 YEARS,

                         BOTH ARE RESIDING AT NO. 55/40,
                         KUNDALAHALLI VILLAGE,
                         ITPL MAIN ROAD,
                         BANGALORE EAST TALUK,
                         BANGALORE 560 037.
                                                                ...PETITIONERS
                   (BY SRI. MINISWAMY GOWDA, ADVOCATE FOR
                       SRI. SHIVA SHANKAR .C, ADVOCATE)
                   AND
Digitally signed
by RENUKAMBA       SRI. RAGHAVENDRA RAO
KG                 S/O K. GOPAL RAO,
Location: High     AGED ABOUT 64 YEARS,
Court of           R/AT NO. 4, THOOBARAHALLI VILLAGE,
Karnataka          RAIGONDANAHALLI POST,
                   BANGALORE EAST TALUK-560 037.
                                                                ...RESPONDENT
                   (BY SRI. HIMA KIRANA, ADVOCATE FOR
                       SRI. PRAKASH T HEBBAR, ADVOCATE)

                        THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                   PRAYING TO SET ASIDE THE ORDER DATED 01.10.2016 PASSED
                   BY THE LXIII ADDL. CITY CIVIL AND S.J., BANGALORE IN
                   CRL.A.NO.1066/2015 AND SET ASIDE THE JUDGMENT AND
                   ORDER DATED 14.07.2015 PASSED BY THE XIII A.C.M.M.,
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                                                  NC: 2023:KHC:27820
                                            CRL.RP No. 1340 of 2016




BANGALORE IN C.C.NO.37125/2011 AND ACQUIT                        THE
APPELLANT FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

     THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
                             ORDER

1. The petitioners and respondent are present.

2. This revision is filed by the petitioners

challenging the judgment of conviction and order of

sentence passed by both the Courts below. The respondent

is the complainant before the trial Court.

3. The parties have submitted a compromise

petition under Section 147 of the Negotiable Instruments

Act, 1881 ('N.I. Act' for short) reporting settlement of the

dispute amongst themselves for Rs.3,32,000/-, as against

Rs.6,50,000/- awarded by the trial Court.

4. The contents of the compromise petition are

read-over and explained to the parties in presence of their

respective counsels and the parties have admitted the

contents to be true and correct.

5. The respondent/complainant also acknowledges

the receipt of Rs.1,00,000/- and further it its submitted

that he is entitled for an amount of Rs.2,32,000/-

NC: 2023:KHC:27820 CRL.RP No. 1340 of 2016

deposited in the court, as per the terms of the compromise

petition.

6. I am satisfied that the parties have settled the

dispute amicably without there being any threat or

coercion.

7. In view of the settlement, the compromise

petition filed under Section 147 of N.I. Act is allowed. The

revision stands allowed in terms of the compromise petition

by setting aside the impugned judgment of conviction and

order of sentence passed by both the Courts below. The

compromise petition shall be the part of the final order.

Accused stands acquitted.

8. The bail bonds executed by the accused shall

stand cancelled.

9. The amount in deposit shall be released in favour

of respondent/complainant herein.

Sd/-

JUDGE

KGR*