Sri. Y A Narasimha Murthy vs Sri. K Subba Rao
2023 Latest Caselaw 575 Kant

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                                                     CRL.RP No. 726 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 9TH DAY OF JANUARY, 2023

                                          BEFORE
                            THE HON'BLE MR JUSTICE R. NATARAJ
                      CRIMINAL REVISION PETITION NO. 726 OF 2017


                   BETWEEN:

                   SRI. Y.A. NARASIMHA MURTHY
                   S/O LATE Y.R. ANANTHAPADMANABHA RAO,
                   AGED ABOUT 76 YEARS,
                   M/s. N.N.LAND DEVELOPERS AND BUILDERS,
                   NO.32/B, RBI HOUSING COLONY,
                   3RD BLOCK, EAST JAYANAGAR,
                   BENGALURU-560 011.
Digitally signed
by SUMA
                                                              ...PETITIONER
Location: HIGH
COURT OF
KARNATAKA
                   (BY SRI. A.V. RAMAKRISHNA, ADVOCATE)

                   AND:

                   SRI. K. SUBBA RAO
                   S/O LATE K. SATHYAM
                   AGED ABOUT 66 YEARS
                   C/O. SRI. JAGADEESH REDDY
                   FLAT NO.409, SARANYA ARCADE,
                   JAGADEESH REDDY LAYOUT,
                   KASAVANAHALLI,
                   OFF SARJAPURA ROAD,
                   BENGALURU-560 034.

                                                            ...RESPONDENT

                   (BY SRI. A.N. RADHAKRISHNA, ADVOCATE)
                             -2-
                                     CRL.RP No. 726 of 2017




     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE
JUDGMENT DATED:19.04.2017 PASSED BY THE LXVI ADDL.
CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN
CRL.A.NO.664/2016 THEREBY CONFIRMING THE JUDGMENT OF
CONVICTION OF THE TRIAL COURT FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT AND MODIFIED SENTENCE AND ALSO
JUDGMENT      OF     CONVICTION      AND      SENTENCE
DATED:16.05.2016 PASSED BY THE XXII ACMM, BANGALORE
IN C.C.NO.22481/2015 BY ALLOWING THIS CRIMINAL
REVISION PETITION AND ACQUIT THE PETITIONER FROM THE
CONVICTED OFFENCE.

    THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:



                          ORDER

Petitioner has challenged the Judgment of conviction

and order of sentence passed by trial court and Judgment

of appellate court for the offence punishable under Section

138 of the Negotiable Instruments Act.

2. When the revision petition was listed for orders,

an application under Section 147 of the Negotiable

Instruments Act, 1881 is filed stating that the parties have

amicably settled the dispute in terms of which the

CRL.RP No. 726 of 2017

respondent has agreed to receive a sum of Rs.4,00,000/-

towards full and final settlement of the amount payable

under the cheque in question. A sum of Rs.3,20,000/- is

paid through Demand Draft while a sum of Rs.80,000/- is

deposited before the Trial court. The petitioner and

respondent who are present in person, admit the

settlement.

3. In view of the above, I.A.No.1/2023 is allowed.

Consequently, Revision Petition is allowed. Impugned

Judgment of conviction and order of sentence passed by

learned LXVI Additional City Civil and Sessions Judge,

Bengaluru in Crl.A.No.664/2016 and learned XXII ACMM,

Bengaluru in C.C.No.22481/2015 are set aside.

4. The amount in deposit before the Trial Court in

C.C.No.22481/2015 is ordered to be released to

respondent.

CRL.RP No. 726 of 2017

5. Registry is directed to forthwith return the

records to the trial court.

Sd/-

JUDGE

SBN