Malleshappa vs Manjunatha B
2023 Latest Caselaw 4562 Kant

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                                                 NC: 2023:KHC:24833
                                                 CRL.RP No. 327 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 17TH DAY OF JULY, 2023
                                      BEFORE
                      THE HON'BLE MR. JUSTICE S RACHAIAH
                  CRIMINAL REVISION PETITION NO. 327 OF 2023
              BETWEEN:
              MALLESHAPPA
              S/O LATE VEERAPPA
              AGED ABOUT 71 YEARS
              R/O ANJANEYA BADAVANE
              1ST MAIN, 4TH CROSS
              OLD HARLAPURA
              GUTTUR POST, HARIHARA - 577 601.

                                                          ...PETITIONER
              (BY SRI. UDAYA SHANKAR RAI P, ADVOCATE)

              AND:
              MANJUNATHA B
              S/O NAGAPPA
              AGED ABOUT 58 YEARS
              R/O ANJANEYA BADAVANE
              4TH CROSS, HARLAPURA
              GUTTUR POST
Digitally     HARIHARA - 577 601.
signed by N
UMA
Location:                                                ...RESPONDENT
HIGH          (BY SRI. MARUTHI G B, ADVOCATE)
COURT OF
KARNATAKA
                   THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
              TO SET ASIDE THE JUDGMENT AND ORDER DATED 25.01.2023
              PASSED IN CRL.A.NO.11/2020 ON THE FILE OF THE I
              ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE
              CONFIRMING THE JUDGMENT DATED 29.01.2020 PASSED BY
              THE IST ADDITIONAL CIVIL JUDGE AND JMFC (JR.DN)
              HARIHARA IN C.C.NO.1612/2016 AND ETC.,

                  THIS CRIMINAL REVISION PETITION, COMING ON FOR
              ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                            NC: 2023:KHC:24833
                                            CRL.RP No. 327 of 2023




                             ORDER

1. Heard Shri Udaya Shankar Rai.P., learned counsel

for the petitioner and Shri Maruthi.G.B., 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. The joint memo is taken on record.

3. The petitioner and the respondent are present and

are identified by their respective counsels. The respondent

acknowledges receipt of cash of Rs.75,000/- (Rupees Seventy

Five Thousand only) from the petitioner. 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. On the intervention of well wishers, both the parties have settled the dispute involved in this Revision Petition as in the manner detailed hereinbelow-

i) The petitioner has paid a sum of Rs.75,000/- (Rupees seventy five thousand only) by cash to the respondent on this day.

NC: 2023:KHC:24833 CRL.RP No. 327 of 2023

ii) The petitioner has no objection for the respondent to withdraw the amount a sum of Rs.25,000/- deposited on 27.02.2020 & a sum of Rs.1,00,000/- deposited on 27.04.2023, totally Rs.1,25,000/- (Rs one lakh twenty five thousand only) before the Principal Civil Judge and JMFC, Harihara, in CC 1612/2016].

3. The Respondent thus accepts and acknowledges a total sum of Rs.2,00,000/- (Rupees Two Lakh Only) as full and final settlement of the entire dischargeable debts involved in this matter as against the total compensation of Rs.2,55,000/-."

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

submission is placed on record.

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:

NC: 2023:KHC:24833 CRL.RP No. 327 of 2023

ORDER

(i) The Criminal Revision Petition stands disposed of

in terms of the compromise.

(ii) The judgment of conviction and order of

sentence dated 29.01.2020 passed in

C.C.No.1612/2016 by the learned I Additional

Civil Judge and J.M.F.C. (Jr. Dn.), Harihara and

its confirmation judgment and order dated

25.01.2023 passed in Crl.A. No.11/2020 by the

learned I Additional District and Sessions Judge,

Davanagere, are set aside.

(iii) The petitioner / accused is acquitted for the

offence punishable under Section 138 of

Negotiable Instruments Act.

(iv) The Trial Court is directed to release the amount,

which is deposited by the petitioner / accused, if

any, in favour of the respondent / complainant

forthwith, on proper identification and on

production of certified copy of the order of this

Court.

NC: 2023:KHC:24833 CRL.RP No. 327 of 2023

(v) Bail bond executed, if any, stands cancelled.

(vi) Shri Maruthi.G.B., learned counsel, has filed

vakalath for the respondent. Learned counsel is

permitted to carry out the amendment in the

vakalath.

Sd/-

JUDGE

BSS