Sri. E. Kumar Elumalai vs Sri. S. Gunashekar
2023 Latest Caselaw 4446 Kant

Citation : 2023 Latest Caselaw 4446 Kant
Judgement Date : 14 July, 2023

Karnataka High Court

Sri. E. Kumar Elumalai vs Sri. S. Gunashekar on 14 July, 2023

Bench: S Rachaiah

                                        -1-
                                                NC: 2023:KHC:24517
                                                CRL.RP No. 257 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 14TH DAY OF JULY, 2023
                                       BEFORE
                      THE HON'BLE MR. JUSTICE S RACHAIAH
                 CRIMINAL REVISION PETITION NO. 257 OF 2023
              BETWEEN:
              SRI. E. KUMAR ELUMALAI
              S/O ELUMALAI
              AGED ABOUT 40 YEARS
              R/AT NO 65, 1ST MAIN
              NEAR 96D BUS STOP
              KAMALA NAGAR
Digitally
signed by N   BASAVESHWARANAGAR
UMA
Location:
              BANGALORE - 560 079.
HIGH                                                      ...PETITIONER
COURT OF
KARNATAKA     (BY SRI. MALLIKARJUNA SWAMY S, ADVOCATE)

              AND:
              SRI. S. GUNASHEKAR
              S/O LATE SAMPATH
              AGED ABOUT 40 YEARS
              RA/T 893, 6TH MAIN
              4TH CROSS
              KAMALANAGAR
              BANGALORE - 560 079.
                                                         ...RESPONDENT
              (BY SRI. BASAVARAJAPPA N, ADVOCATE)

                   THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
              PRAYING TO SET ASIDE THE ORDER PASSED BY THE LXIX
              ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
              DATED 08.06.2022 IN CRIMINAL APPEAL NO.315/2020 IS
              HERE BY DISMISSED AND CONFIRMED THE ORDER PASSED BY
              THE XIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
              BANGALORE IN C.C.NO.28033/2017 AND ETC.,

                  THIS CRIMINAL REVISION PETITION, COMING ON FOR
              ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
                                      -2-
                                             NC: 2023:KHC:24517
                                              CRL.RP No. 257 of 2023




                                    ORDER

1. Heard Shri Mallikarjuna Swamy.S., learned counsel

for the petitioner and Shri Basavarajappa.N., learned counsel

for the respondent.

2. Both learned counsels submit that the parties have

settled the dispute amicably and filed a Joint Memo of even

date along with copy of Demand Draft bearing No.003009

dated 03.07.2023 for a sum of Rs.84,000/- (Rupees Eighty

Four Thousand only). The joint memo and copy of the Demand

Draft are taken on record.

3. The Petitioner and the respondent are present and

are identified by their respective counsels. The Joint Memo is

duly signed by the petitioner, the respondent and their

respective counsels. Para Nos.2 and 3 of the joint memo read

thus:

"2. It is submitted that during the pendency of the above a revision petition at the intervention of the well wishers and family friends, the above matter came to be settled amicably between the parties by agreeing with certain terms and conditions as hereunder:-

NC: 2023:KHC:24517 CRL.RP No. 257 of 2023

a) The above dispute was came to be settled for a sum of Rs.2,00,000/- (Rupees Two Lakshs only). Accordingly the petitioner has paid the amount in the following manner.

b) A sum of Rs.80,000/- (Eighty Thousand only) petitioner depositing Hon'ble XIX A.C.M.M. at Bangalore in Q.No.4126/2020-2021 dated 8/2/2021 the petitioner no Objection released the said amount.

c) A sum of Rs.84,000/- (Rupees Eighty Four Thousand Only) by way of DD bearing No.003009 dated 03.07.2023 drawn on Bharat Bank Magadi Main Road Branch.

d) A sum of Rs.36,000/- (Rupees Thirty Six Thousand only) by way of cash.

In all the petitioner / accused as per the settlement has paid the entire amount of Rs.2,00,000/- (Two Lakshs only) the aforesaid manner to the respondent.

3. The respondent has also agreed for the said amount of Rs.2,00,000/- towards full and final Settlement."

(sic)

4. In terms of the averments stated above, the parties

have settled the matter amicably and sought to dispose of the

matter as per the terms and conditions stated above. Their

NC: 2023:KHC:24517 CRL.RP No. 257 of 2023

submission is placed on record. The respondent also

acknowledges receipt of cash of Rs.36,000/- (Rupees Thirty Six

Thousand only) from the petitioner.

5. On perusal of the above said terms and conditions

and also considering the offence which is punishable under

Section 138 of the N.I. Act, which is compoundable in nature,

there is no embargo to this Court to record the compromise in

terms as stated supra.

6. Accordingly, I proceed to pass the following:

ORDER

(i) The Criminal Revision Petition stands disposed of

in terms of the compromise.

(ii) The judgment of conviction and order of

sentence dated 22.01.2020 passed in

C.C.No.28033/2017 by the learned XIX