Karnataka High Court
Sri D Ashok vs K N Nayana Kumar on 20 December, 2023
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CRL.RP No. 726 of 2022
NC: 2023:KHC:46538
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.726 OF 2022
BETWEEN:
SRI. D.ASHOK
S/O LATE H.V.DEVEGOWDA
AGED ABOUT 34 YEARS
R/AT LAKSHMIDEVI NIVASA
NO.10, 1ST MAIN ROAD
2ND CROSS, VENKATEGOWDA LAYOUT
HEBBAL, KEMPAPURA,
BENGALURU - 560 024
...PETITIONER
(BY SRI. HARI PARASAD U J, ADVOCATE)
AND:
K.N. NAYANA KUMAR
S/O LATE NINGAPPA
AGED ABOUT 46 YEARS
COFFEE PLANTER
Digitally signed KANACHUR VILLAGE AND HANTHUR POST
by REKHA R
Location: High
MUDIGERE TALUK
Court of ...RESPONDENT
Karnataka
(BY SRI. SOWRABA JEEVALA L M, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 08.03.2022 IN CRIMINAL APPEAL NO.195/2020 ON THE
FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHIKKAMAGALURU AND CONFIRMING THE JUDGMENT OF
CONVICTION DATED 04.03.2020 PASSED IN C.C.NO.42/2019
ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AND
J.M.F.C AT MUDIGERE AND CONSEQUENTLY DISMISSED THE
CRIMINAL APPEAL.NO.195/2020 AS PRAYED FOR IN THE
INTEREST OF JUSTICE.
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CRL.RP No. 726 of 2022
NC: 2023:KHC:46538
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Both petitioner/accused and respondent/complainant
and their respective learned counsel are present.
2. A joint memo/compromise petition in the form
of interlocutory application (I.A.No.1/2023) is filed under
Section 147 of N.I.Act supported by a joint affidavit duly
signed by the petitioner/accused and
respondent/complainant. The terms of the joint
memo/compromise petition reads as under:
"The petitioner/accused and the
respondent/complainant have settled the matter
for a sum of Rs.10,00,000/- (Rupees Ten Lakhs)
for out of court settlement as a full and final
settlement, on the following basis
a. The petitioner today pays a sum of
Rs.5,00,000/- (Rupees 5 lakhs) by way of DD
vide DD NO.360717 drawn on State Bank of
India.
b. The respondent shall withdraw the amount
deposited before the trial Court in
NC: 2023:KHC:46538
C.C.No.42/2019 and this petitioner has no
objection to withdraw the amount of
Rs.5,00,000/-.
Wherefore, the petitioner and the respondent
most humbly pray that this Hon'ble Court be
pleased set aside the judgment and sentence
passed in C.C.No.42/2019 dated 4/3/2020 on
the file of the Senior Civil Judge and JMFC at
Mudigere and also set aside the sentence passed
in Crl.A.No.195/2020 passed by II Addl.District
and Sessions Judge, Chikkamagaluru and to
record the compromise petition and pass order/s
in view of the compromise petition under Section
147 of N.I.Act in the interest of justice."
3. As per the compromise petition/application, the
parties have settled the matter for Rs.10,00,000/-. Out of
it, today, the respondent/complainant reports receipt of
Demand Draft for Rs.5,00,000/-. The remaining
Rs.5,00,000/- has already been deposited before the trial
Court and the petitioner is not having objections for the
respondent/complainant to withdraw the same.
NC: 2023:KHC:46538
4. In the light of the compromise entered into
between the parties, the following:
ORDER
i) The Criminal Revision Petition filed under
Section 397 r/w Section 401 of Cr.P.C is
allowed.
ii) The impugned order dated 04.03.2020 in
C.C.No.42/2019 on the file of Senior Civil
Judge and JMFC, Mudigere and judgment
and order dated 08.03.2022 in
Crl.A.No.195/2020 on the file of II
Addl.District and Sessions Judge,
Chikkamagaluru are set aside.
iii) Consequently, petitioner/accused is
acquitted for the offence punishable
under Section 138 of N.I.Act.
iv) His bail bonds stand discharged.
NC: 2023:KHC:46538
v) The Registry is directed to send back the
trial Court records along with copy of this
order forthwith.
Sd/-
JUDGE
RR
