Sri.M.C.Ashok vs Sri.Rajashekar C P
2023 Latest Caselaw 5052 Kant

Citation : 2023 Latest Caselaw 5052 Kant
Judgement Date : 31 July, 2023

Karnataka High Court

Sri.M.C.Ashok vs Sri.Rajashekar C P on 31 July, 2023

Bench: M G Uma

                                         -1-
                                                NC: 2023:KHC:26650
                                                CRL.RP No. 551 of 2021




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 31ST DAY OF JULY, 2023

                                      BEFORE
                        THE HON'BLE MRS JUSTICE M G UMA

                    CRIMINAL REVISION PETITION NO.551 OF 2021

             BETWEEN:

                 SRI.M.C.ASHOK
                 S/O M S CHANNEGOWDA
                 AGED ABOUT 46 YEARS
                 PROP: M/S.SRI LAKSHMI
                 VENKATESHWARA COFFEE TRADING
                 COMPANY
                 JVS BUILDING, AIT CIRCLE
                 JYOTHINAGAR
                 CHIKKAMAGALURU-577 101

                 AND ALSO RESIDING AT
                 MANJUNATHA NILAYA
                 CHANNAPURA ROAD, KOTE
Digitally        CHIKKAMAGALURU-577 101
signed by
CHAITHRA A
Location:                                                ...PETITIONER
HIGH
COURT OF     (BY SRI. GIREESHA R J, ADVOCATE)
KARNATAKA
             AND:


                 SRI.RAJASHEKAR C P
                 S/O SRI M PUTTASWAMY
                 AGED ABOUT 53 YEARS
                 RESIDING AT
                 NO.1-726A, "SHANTHA NILAYA"
                 KOLLEGAL
                 CHIKKAMAGALURU DISTRICT-577101
                              -2-
                                    NC: 2023:KHC:26650
                                     CRL.RP No. 551 of 2021




    PRESENTLY RESIDING AT
    ROOM NO.550,
    5TH FLOOR, 4TH BLOCK
    LEGISLATORS HOUSE
    BENGALURU-560001

                                              ...RESPONDENT
(BY SRI. SRINATHA G B, ADVOCATE)

     THIS CRL.RP IS FILED U/SEC.397 R/W 401 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE
COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF
CONVICTION PASSED BY THE XV A.C.M.M., BENGALURU IN
C.C.NO.24716/2017 DATED 19.09.2018 AND ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

                          ORDER

Learned counsel for the petitioner and respondent

have filed the application under Section 147 of the

Negotiable Instrument Act.

2. It is stated that the dispute between the

parties is amicably settled. The terms of compromise as

per application reads as under;

NC: 2023:KHC:26650 CRL.RP No. 551 of 2021

"The above named petitioner and respondent respectfully submit as follows:

1. The respondent filed complaint before the learned XV Additional Chief Metropolitan Magistrate, Bengaluru which came to be registered in No.24716/2017, after trial the petitioner was found guilty on 19.09.2018 and directed to pay the fine amount of Rs.2,75,000/- and directed to pay Rs.2,75,000/- to the respondent and a pay fine of Rs.5,000/- to the State in default to pay the fine amount simple imprisonment for a six months.

2. The petitioner challenged in the said order in appeal before the Hon'ble LXI Additional City Civil and Sessions Judge, Bengaluru, in Crl. Appeal No.2011/2018 and the learned Sessions Judge dismissed the appeal on 06.03.2021/ The petitioner filed the above criminal revision petition before this Hon'ble Court and same is pending for consideration.

3. The petitioner and the respondent have settled the claim put forward by the respondent. The petitioner has consented to pay the total sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) as full and final settlement in the following manner:

NC: 2023:KHC:26650 CRL.RP No. 551 of 2021

a) The petitioner herein have no objections withdraw the amount of Rs.1,37,500/- (Rupees One Lakh Thirty Seven Thousand Five Hundred Only) deposited before XV Additional Chief Metropolitan Magistrate, Bengaluru by the respondent.

b) On 11.04.2023, the petitioner herein had paid a sum of Rs.1,12,500/- (Rupees One Lakh Twelve Thousand Five Hundred Only) by way of Demand Draft bearing No.040443 dated 06.04.2022 drawn Bank of Baroda, Chikkamagaluru Branch, Chikkamagaluru - 577 101. The respondent herein had acknowledges the same.

4. Both the parties hereby agree that they have entered into this compromise on their own volition and there is no undue influence or threat or misrepresentation.

5. Both the parties have understood the contents thereof and accordingly, have set their hands in the presence of their respective counsels.

WHEREFORE, the above named petitioner and respondent respectfully pray that this Hon'ble

NC: 2023:KHC:26650 CRL.RP No. 551 of 2021

Court be pleased to allow the accompanying application and set-aside the Judgment and Sentence dated 19.09.2018 passed in C.C.No.24716/2017 by the XV Additional Chief Metropolitan Magistrate, Bengaluru in the ends of justice."

3. The complainant - Sri.Rajashekar C.P. S/o

Sri.M.Puttaswamy is present before this Court and he is

identified by his counsel.

4. The complainant admits terms of the

compromise and acknowledges the receipt of an amount of

Rs.1,12,500/- (Rupees One Lakh Twelve Thousand Five

Hundred Only) by way of demand draft mentioned in the

compromise petition. He also submits that he will withdraw

the amount of Rs.1,37,500/- (Rupees One Lakh Thirty

Seven Thousand Five Hundred Only), which is deposited

before the Trial Court. Learned counsel for the accused

has no objection for the same.