Sri P Nagaraj @ Purushotham vs Sri Venkatappa
2023 Latest Caselaw 4396 Kant

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                                                     NC: 2023:KHC:24323
                                                     CRL.RP No. 453 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 13TH DAY OF JULY, 2023

                                        BEFORE
                          THE HON'BLE MR JUSTICE S RACHAIAH
                     CRIMINAL REVISION PETITION NO.453 OF 2022
              BETWEEN:
              SRI P NAGARAJ @ PURUSHOTHAM
              S/O PAPAIAH
              AGED ABOUT 56 YEARS,
              R/AT NO.213, 13TH MAIN,
              MANJUNATHNAGARA, RAJAJINAGAR,
Digitally
signed by N   BENGALURU-560 010
UMA           AND ALSO AT PROP. MANJUNATHA NET WORKS NO.507,
Location:
HIGH          13TH MAIN,
COURT OF      MANJUNATHNAGARA, RAJAJINAGAR,
KARNATAKA
              BENGALURU-560 010.
                                                           ...PETITIONER
              (BY SRI. MANJUNATHA P. V., ADVOCATE)

              AND:
              SRI VENKATAPPA
              S/O LATE THIMMAIAH
              AGED ABOUT 65 YEARS,
              RETIRED EMPLOYEE,
              R/AT NO.88, 5TH MAIN,
              8TH BLOCK, NAGARABHAVI II STAGE,
              BENGALURU-560 072.
                                                              ...RESPONDENT
              (BY SRI. GANGAIAH, ADVOCATE)

                    THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C, PRAYING TO
              SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED
              22.07.2019 MADE IN C.C.NO.22203/2016 PASSED BY THE XXII
              ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
              MADE AGAINST THE PETITIONER HEREIN, BEING ARBITRARY
              ERRONEOUS AND OPPOSED TO LAW AND ETC.
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                                         NC: 2023:KHC:24323
                                          CRL.RP No. 453 of 2022




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:



                             ORDER

1. The petitioner and the respondent along with

their counsel are present.

2. Learned counsel for the parties jointly submit a

joint memo along with the affidavit of the parties stating

that the matter is settled between the parties.

3. The paragraph Nos.1, 2 and 3 of the said joint

memo reads as under:

"1. The Respondent in the above case has agreed to receive a sum of Rs.15,00,000/- (Rupees Fifteen Lakh only) in full and final settlement towards payment of cheque amount and the Petitioner has agreed for the same.

2. The Petitioner had deposited a sum of Rs.3,10,000/- (Rupees Three Lakh Ten Thousand only) before the XXII Addl. C.M.M. Court, Bengaluru on 19.11.2019 by way of Demand Draft in compliance of the court order dtd:22.08.2019 made in Crl.A.No.1800/2019

NC: 2023:KHC:24323 CRL.RP No. 453 of 2022

passed by the LX Addl. City Civil & Sessions Judge, Bengaluru City, Bengaluru (CCH-61) and the said amount may be permitted to be withdrawn by the petitioner.

3. The Petitioner has paid the entire compensation amount of Rs.15,00,000/- (Rupees Fifteen Lakh Only) by cash on 10.07.2023 to the Respondent and as agreed above and the Respondent has acknowledged the receipt of the same in full and final settlement."

4. On perusal of the averments of the joint memo,

there is no embargo to this Court to record compromise

since the offence punishable under Section 138 of

Negotiable Instruments Act, 1881 is compoundable in

nature. Hence, I proceed to pass the following:

ORDER

i. The revision petition stands disposed of in terms of the compromise.

ii. The judgment of conviction and order of sentence dated 22.07.2019 passed in C.C.No.22203/2016 by the XXII Addl.

NC: 2023:KHC:24323 CRL.RP No. 453 of 2022

Chief Metropolitan Magistrate, Bengaluru, which is confirmed by the judgment and order dated 11.10.2021 passed in Crl.A.1800/2019 by the LX Addl. City Civil & Sessions Judge, Bengaluru, are hereby set aside and the petitioner-accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act.

iii. The petitioner is acquitted for the offence u/s 138 of N.I. Act & bail bond executed, if any, stands cancelled.

iv. The Trial Court is directed to release the amount of Rs.3,00,000/- in favour of the petitioner-accused.

v. The remaining amount of Rs.10,000/- is ordered to be adjusted to exchequer of the State.

Sd/-

JUDGE BSR