Sri K R Vijay Kumar vs Sri K N Prashanth
2023 Latest Caselaw 1329 Kant

Citation : 2023 Latest Caselaw 1329 Kant
Judgement Date : 15 February, 2023

Karnataka High Court

Sri K R Vijay Kumar vs Sri K N Prashanth on 15 February, 2023

Bench: S Vishwajith Shetty

                                              -1-
                                                        CRL.RP No. 934 of 2018




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 15TH DAY OF FEBRUARY, 2023

                                             BEFORE

                        THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

                        CRIMINAL REVISION PETITION NO. 934 OF 2018

                 BETWEEN:
                 1.   SRI K. R. VIJAY KUMAR
                      S/O K. T. RAMAKRISHNAPPA
                      AGED ABOUT 38 YEARS,
                      RESIIDNG AT RADHAKRISHNA
                      NILAYA, WARD NO.6
                      THIMMAKKA LAYOUT
                      CHICKBALLAPURA TOWN
                      CHICKBALAPURA - 562 101.
                                                                  ...PETITIONER
                 (BY SRI. KARTHIK B.Y., ADVOCATE)
Digitally
signed by B A    AND:
KRISHNA
KUMAR
Location: High   1.   SRI K. N. PRASHANTH
Court of
Karnataka             S/O NAGABHUSHAN
                      AGED ABOUT 40 YEARS
                      RESIDNG AT NO.345/1
                      3RD MAIN, ANANDAGIRI
                      EXTENSION, HEBBAL
                      BANGLORE - 560 024.
                                                                 ...RESPONDENT
                 (BY SRI. T V NANJE GOWDA., ADVOCATE)

                       THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
                 SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND
                 SENTENCE PASSED BY THE LEARNED XVIII A.C.M.M., BANGALORE IN
                 C.C.NO.28067/2014 DATED 15.07.2016 WHEREIN THE TRIAL COURT
                 HAS CONVICTED THE PETITIONER HEREIN FOR THE OFFENCE P/U/S
                 138 OF N.I ACT SENTENCING HIM TO PAY A FINE OF SUM OF
                 RS.15,25,000/- AND IN DEFAULT TO UNDERGO S.I FOR 6 MONTHS
                 AND ORDER PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND
                 SESSIONS JUDGE, BANGALORE (CCH-69) IN CRL.A.NO.894/2016
                 DATED 23.07.2018.


                     THIS CRL.RP COMING ON FOR ADMISSION, THIS DAY, THE
                 COURT MADE THE FOLLOWING:
                                -2-
                                         CRL.RP No. 934 of 2018




                             ORDER

This criminal revision petition is filed challenging the

judgment and order of conviction and sentence passed in

C.C.No.28067/2014 by the Court of XVIII Additional Chief

Metropolitan Magistrate, Bengaluru City dated 15.07.2016 and

the judgment and order dated 23.07.2018 passed by the LXVIII

Additional City Civil and Sessions Judge, Bengaluru City

(CCH-69) in Crl.A.No.894/2016.

2. Learned counsel for the petitioner and learned

counsel for the respondent jointly submit that the parties to

this revision petition have amicably settled the dispute between

themselves and the respondent-Complainant has voluntarily

agreed to receive a sum of Rs.8,50,000/- (Rupees Eight Lakhs

Fifty Thousand Only) towards full and final settlement. Learned

counsel for the parties have filed a joint memo in this regard

for reporting settlement which is also signed by the petitioner

and respondent respectively. The advocates appearing for the

parties have identified their parties. The said joint memo reads

as under:

"JOINT MEMO REPORTING SETTLEMENT

Both the parties most respectfully submit that, Petitioner and Respondent hererin have arrived at compromise to settle the matter as under

CRL.RP No. 934 of 2018

TERMS OF COMPROMISE The Petitioner has agreed to pay a sum of Rs.8,50,000/-(Rupees eight Lach fifty thousand only) towards compounding charges. Both the parties have compounded the offence under Section 147 of NI Act. The Petitioner has deposited a sum of Rs.7,50,000/- before Trail Court as per direction of this Hon'ble Court. This Hon'ble Court may be pleased to direct the learned Trial Court to release the said amount in favour of Respondent.

Further, the Petitioner issued cheque bearing No565094dated 31.03.2023 drawn on Indian Bank Seshadripuram, Bangalore towards the balance sum of Rs. 1,00,000/-( Rupees One lakh only) to Respondent. The Respondent has agreed to the same.

The matter is amicably settled by the parties out of Court. There is no any undue influence, threat, pressure or coercion to the parties to arrive this compromise

Hence, it is prayed that, this Hon'ble Court may be pleased to record the same and the petitioner may be acquitted for the offence under section 138 of NI Act, in the interest of justice and equity."