Sri K N Krishnamurthy vs Sri K C Jayaraj
2023 Latest Caselaw 1537 Kant

                                           -1-
                                                   CRL.RP No. 54 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 23RD DAY OF FEBRUARY, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE R. NATARAJ
                    CRIMINAL REVISION PETITION NO. 54 OF 2023

             BETWEEN:

             SRI. K. N. KRISHNAMURTHY,
             S/O. LATE NARAYANASHETTY,
             @ MEESE NARAYANAPPA,
             AGED ABOUT 52 YEARS,
             R/AT KUMBARA BEEDI,
             KANAKAPURA TOWN,
             KANAKAPURA TALUK,
             RAMANGARA DISTRICT - 562 117.
                                                             ...PETITIONER
             (BY SRI. NATARAJ BABA K., ADVOCATE)

             AND:

             SRI. K. C. JAYARAJ,
             ADVOCATE,
             S/O. LATE CHANNA RAJ K.C.,
             AGED ABOUT 50 YEARS,
             R/AT J.C. EXTENSION,
Digitally
signed by    KANAKAPURA TOWN,
SUMA         KANAKAPURA TALUK,
Location:    RAMANGARA - 562 117.
HIGH COURT
OF                                                          ...RESPONDENT
KARNATAKA    (BY SRI. CHANDAN B. K., ADVOCATE)

                   THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING
             TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
             28.08.2020 PASSED BY THE LEARNED II ADDL. DISTRICT AND
             SESSIONS JUDGE, RAMANAGARA TO SIT AT KANAKAPURA IN
             CRL.A.NO.5004/2019 AND ALSO THE JUDGMENT AND ORDER DATED
             15.10.2019 PASSED IN C.C.NO.678/2013 PASSED BY THE LEARNED
             PRL. CIVIL JUDGE AND JMFC, KANAKAPURA BY ALLOWING THIS
             CRL.RP.

                  THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
             COURT MADE THE FOLLOWING:
                               -2-
                                        CRL.RP No. 54 of 2023




                             ORDER

A joint memo is filed by the petitioner and the respondent

and it is treated as an application under Section 147 of the

Negotiable Instruments Act, 1881 (hereinafter referred to as

'NI Act, 1881' for short).

2. In terms of the joint memo, the parties have stated

that they have settled the dispute at a sum of Rs.2,15,000/-

towards full and final settlement of the amount payable under

the cheque in question. The petitioner has paid a sum of

Rs.1,40,000/- by cash and has no objection for the respondent

to withdraw a sum of Rs.75,000/- deposited before the trial

Court.

3. Since the settlement arrived at between the parties

is just and proper, the application filed for compounding of

offence is allowed. Consequently, the revision petition is

allowed and the offence committed by the petitioner under

Section 138 of NI Act, 1881 is compounded. As a result, the

judgment of conviction dated 15.10.2019 passed by the

Principal Civil Judge and JMFC, Kanakapura in C.C.No.678/2013

as well as the judgment dated 28.08.2020 passed by the II

CRL.RP No. 54 of 2023

Additional District and Sessions Judge, Ramanagara to sit at

Kanakapura in Crl.A.No.5004/2019 are set aside.

The accused is acquitted of the offence punishable under

Section 138 of NI Act, 1881.

The amount deposited by the petitioner before the trial

Court is ordered to be released in favour of the respondent.

Sd/-

JUDGE

NR/-