Karnataka High Court
Sri. Manjunath M vs Smt. N. Pushpa on 6 June, 2023
Bench: S Rachaiah
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NC: 2023:KHC:19231
CRL.RP No. 648 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 648 OF 2019
BETWEEN:
SRI. MANJUNATH M
S/O LATE MANINANJAPPA
AGED ABOUT 46 YEARS
R/AT NO. 64, "RAHUL NILAYA"
1ST CROSS, BHARATHI LAYOUT
SUDDEGUNTEPALYA
DHARMARAM COLLEGE POST
BENGALURU - 560 029.
...PETITIONER
(BY SRI. MANJUNATH V, ADVOCATE)
AND:
SMT. N. PUSHPA
AGED ABOUT 44 YEARS
W/O B SRINIVAS
Digitally signed R/AT NO. 277, SANJEEVANAGAR
by SUSHMA HUSKUR POST
LAKSHMI B S BENGALURU - 560 099.
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA (BY SRI. K.P.CHANDRASHEKAR REDDY, ADVOCATE)
THIS CRL.RP FILED UNDER U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT PASSED BY THE LXV ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE (CCH-66), BANGALORE IN
CRL.A.NO.561/2015 DATED 21.03.2019 AND CONSEQUENTLY SET
ASIDE THE JUDGMENT PASSED BY THE 20TH A.C.M.M., AT
BANGALORE IN C.C.NO.12654/2013, DATED 18.03.2015, BY
ALLOWING THE ABOVE APPEAL IN ITS ENTIRETY AND DISMISS THE
COMPLAINT FILED BY THE COMPLAINANT AND ETC.,
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NC: 2023:KHC:19231
CRL.RP No. 648 of 2019
THIS CRIMINAL REVISION PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard Shri Manjunath V., learned counsel for the
petitioner and Shri K.P.Chandrashekar Reddy, learned counsel
for the respondent.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed an application
I.A.No.1/2023 under Section 320 of the Code of Criminal
Procedure (for short "Cr.P.C.") read with Section 147 of the
Negotiable Instruments Act, 1881 (for short "N.I. Act") along
with a Joint Affidavit of even date. I.A.No.1/2023 and the joint
affidavit are taken on record.
3. The Petitioner and the respondent are present and
identified by their respective counsels. The Joint Affidavit is
duly signed by the petitioner, the respondent and their
respective counsels. The relevant portion of the Joint Affidavit
reads thus:
"Both petitioner and the respondent are willing to
settle this matter for Rs.2,50,000/- wherein
Rs.1,55,000/- is already deposited before the
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CRL.RP No. 648 of 2019
Magistrate Court. The petitioner is paying
Rs.95,000/- towards full and final settlement today
before this Hon'ble Court via DD No.320046,
Karnataka Bank, Jayanagar 9th Block, Bangalore.
Both the parties have agreed to the above terms."
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. 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, there is no
embargo to this Court to record the compromise in terms as
stated supra.
5. Accordingly, I proceed to pass the following:
ORDER
(i) I.A.No.1/2023 is allowed. Consequently, the
Criminal Revision Petition stands disposed of in
terms of the compromise.
(ii) The judgment of conviction and order of
sentence dated 18.03.2015 passed in
C.C.No.12654/2013 by the learned XX Additional
Chief Metropolitan Magistrate at Bangalore and
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CRL.RP No. 648 of 2019
its confirmation judgment and order dated
21.03.2019 passed in Crl.A. No.561/2015 by the
learned LXV Additional City Civil & Sessions
Judge, Bengaluru are set aside.
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of N.I. 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,
on proper identification.
(v) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
