Sri Manjunath N R vs Sri M S Rangaswamy
2023 Latest Caselaw 4766 Kant

Citation : 2023 Latest Caselaw 4766 Kant
Judgement Date : 24 July, 2023

Karnataka High Court

Sri Manjunath N R vs Sri M S Rangaswamy on 24 July, 2023

Bench: S Rachaiah

                                             -1-
                                                   NC: 2023:KHC:25639
                                                   CRL.RP No. 311 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 24TH DAY OF JULY, 2023
                                         BEFORE
                         THE HON'BLE MR. JUSTICE S RACHAIAH
                    CRIMINAL REVISION PETITION NO. 311 OF 2023


              BETWEEN:
              SRI MANJUNATH N R
              S/O LATE N R RAJANNA
              AGED ABOUT 51 YEARS
              R/AT NO 22/24, NAGAWARA
              NEAR BUS STOP, K G HALLI
              BENGALURU - 560 045.

Digitally     AND ALSO ATS
signed by N   NO 506, OLD KEB ROAD
UMA
Location:
              ARABIC COLLEGE POST
HIGH          NAGAWARA, BENGALURU - 560 045.
COURT OF                                                      ...PETITIONER
KARNATAKA
              (BY SRI. ANNAIAH C V, ADVOCATE)

              AND:
              SRI M S RANGASWAMY
              S/O LATE SEENAPPA
              AGED ABOUT 49 YEARS
              R/AT NO 419, 9TH E MAIN ROAD
              VOKAUAMAGAR
              BENGALURU - 560 040.
                                                             ...RESPONDENT
              (BY SRI. R G HEGDE, ADVOCATE)


                    THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO
              SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF CONVICTION
              AND SENTENCE AND FINE IMPOSED BY THE XIII ADDITIONAL CHIEF
              METROPOLITAN MAGISTRATE, BANGALORE, IN C.C.NO.9972/2018,
              DATED 01.03.2021 AND TO SET ASIDE THE ORDER PASSED BY THE
              APPELLATE COURT IN CRIMINAL APPEAL NO.277/2021, DATED
              09.01.2023, PASSED BY THE LXIX ADDITIONAL CITY CIVIL AND
              SESSIONS JUDGE, (CCH-70), BANGALORE AND ETC.,

                   THIS CRIMINAL REVISION PETITION, COMING ON          FOR
              ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
                                  -2-
                                          NC: 2023:KHC:25639
                                              CRL.RP No. 311 of 2023




                               ORDER

1. This Criminal Revision Petition is filed by the

petitioner, being aggrieved by the judgment of conviction and

order of sentence dated 01.03.2021 in C.C.No.9972/2018 on

the file of the Court of XIII Additional Chief Metropolitan

Magistrate, Bengaluru and its confirmation judgment and order

dated 09.01.2023 in Crl.A.No.277/2021 on the file of the Court

of LXIX Additional City Civil and Sessions Judge, (CCH-70),

Bengaluru seeking to set aside the concurrent findings recorded

by the Courts below, wherein the petitioner / accused is

convicted for the offence punishable under Section 138 of the

Negotiable Instruments Act (for short 'IPC').

2. Heard Shri Annaiah.C.V, learned counsel for the

petitioner and Shri R.G.Hegde, learned counsel for the

respondent.

3. Both learned counsels submit that the parties have

settled the dispute amicably and filed an application

I.A.No.2/2023 under Section 147 of the Negotiable Instruments

Act (for short "N.I. Act") along with joint affidavit. The same is

taken on record.

NC: 2023:KHC:25639 CRL.RP No. 311 of 2023

4. The Petitioner and the respondent are present and

identified by their respective counsels. The application is duly

signed by the petitioner, the respondent and their respective

counsels. The paragraph Nos.1 to 5 of the application reads

thus:

"1. The petitioner filed a compliant for the offence punishable under Sec 138 of the Negotiable Instruments Act before the XXIII Addl Chief Metropolitan Magistrate Bengaluru against the respondent which came to be numbered as CC No 9972 of 2018. The learned Magistrate by his judgment dated 01-03-2021 convicted the accused, sentenced him to pay a fine of 4,30,000/- and in default to under go SI for a period of two months. The Trial Court awarded compensation of Rs.4,20,000/- to the complainant and to deposit remaining amount of Rs.10,000/- shall be deposited as fine for prosecution expenses..

2. The respondent filed Criminal Appeal 277 of 2021 against the order of conviction and sentence passed by the Trial court before the LXIX Additional City Civil & Sessions Judge Bengaluru. The learned Session Judge by his Judgment dated 09-01-2023 dismissed the appeal, confirmed the judgment of conviction passed by the Trial Court in CC No 5792 of 2018 dated 01-03-2021. Aggrieved by the judgment of

NC: 2023:KHC:25639 CRL.RP No. 311 of 2023

the learned Sessions Judge, the appellant has filed the top noted Crl.R.P.

3. On the intervention of well wisher of the both the parties, both the parties have amicably settled the matter. The parties have settled the dispute for a sum of Rs.3,00,000/-.

4. Since, the present petitioner/accused has already deposited an amount of Rs.42,000/- deposited before the XXIII Addl Chief Metropolitan Magistrate Bengaluru in CC No 9972/2018. The respondent is entitled to withdraw the amount of Rs.42,000/- deposited before the XXIII Addl Chief Metropolitan Magistrate Bengaluru in CC No 9972/2018. The petitioner/accused has no objection to permit the respondent to withdraw an amount of RS.42,000/- deposited by the petitioner/accused before the XXIII Addl Chief Metropolitan Magistrate Bengaluru in CC No 9972/2018.