Karnataka High Court
Sri K C Anand Kumar vs G S Rangaswamy Dead By Lrs on 13 June, 2023
Bench: S Rachaiah
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NC: 2023:KHC:20194
CRL.RP No. 644 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 644 OF 2013
BETWEEN:
SRI. K.C. ANAND KUMAR
S/O CHANNAKESHAVASHETTY,
NOW AGED ABOUT 54 YEARS,
KODIGEHALLI VILLAGE,
KASABA HOBLI,
TURUVEKERE TALUK,
TUMAKUR DISTRICT-572 201.
...PETITIONER
(BY SRI. N. BYREGOWDA, ADVOCATE)
Digitally
signed by N
UMA AND:
Location:
HIGH COURT 1. G.S. RANGASWAMY
OF DEAD BY LR'S
KARNATAKA
1. (a) SMT. CHIKKAMMA,
W/O LATE G.S. RANGASWAMY,
NOW AGED ABOUT 68 YEARS,
GANGANAGHATTA POST,
NONAVINAKERE HOBLI,
TIPTUR TALUK,
TUMKUR DISTRICT-572 224.
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CRL.RP No. 644 of 2013
1 (b) H.R. JANARDANA HORAKERI,
S/O LATE G.S. RANGASWAMY,
NOW AGED ABOUT 40 YEARS,
GANGANAGHATTA POST,
NONAVINAKERE HOBLI,
TIPTUR TALUK,
TUMAKUR DISTRICT-572 224.
1 (c) SMT. VEENA LAXMAN CHURAMURI,
D/O LATE G.S. RANGASWAMY,
W/O LAXMAN CHURAMURI,
NOW AGED ABOUT 36 YEARS,
NO. 72/A,
JOMALINGESHWAR GALLI DEVAGRI,
KADOLI, HUKKERI,BELAGAVI-591 143.
...RESPONDENTS
(BY SRI. CHANDRASHEKARA K.A., ADVOCATE)
***
THIS CRL.RP IS FILED UNDER SECTION 397 OF CR.P.C
PRAYING TO SET ASIDE THE ORDER DATED:20.6.13 PASSED
IN CRL.A.NO.185/12 PASSED BY THE V ADDL. DIST., AND S.J.,
TIPTUR AND ALSO THE ORDER DATED:4.12.12 PASSED BY THE
CIVIL JUDGE AND JMFC, TURUVEKERE C.C.NO.136/2010 AND
THEREBY DISMISS THE COMPLAINT MADE BY THE
RESPONDENT IN ITS TOTALITY.
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.RP No. 644 of 2013
ORDER
Case called out.
2. Petitioner and respondents along with their
respective counsel are present.
3. An application under Section 320(6) & (8) of Cr.P.C.
read with Section 147 of Negotiable Instruments Act came to
be filed by both the parties entering into an amicable
settlement of the dispute between them.
4. Perused the application.
5. Paragraph Nos. 3, 4 and 5 of the said application
reads as follows:
"3. Now at the intervention of elders and well
wishers, the parties in the above case, viz.
petitioner and the LR's of the respondent viz., R(a)
to R(c) have settled their dispute amicably and
accordingly the petitioner/accused agree to pay an
amount of Rs.1,20,000/-(Rupees one lakh Twenty
rupees only) to the respondent viz., R(a) to R(c)
herein and the respondent viz., R(a) to R(c) have
agreed for the same.
4. The petitioner herein in compliance of the
orders on an application for suspension of sentence
has deposited a total sum of Rs.82,000/-
[Rs.10,000/- on 04/01/2013 and Rs.72,000/- on
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CRL.RP No. 644 of 2013
01/10/2013] before the Learned Civil Judge (Jr.Dn)
and JMFC., Turuvekere in C.C.No.136/2010.
5. Now in view of the settlement so entered in to
between the parties and as agreed, the petitioner
herein has no objections to the R(b) herein to
withdraw the afore said amount of Rs.82,000/-
deposited before the Learned Civil Judge (Jr.DN)
and JMFC., Turuvekere in C.C.No.136/2010, for
which R(a) and R(c) have no objections and further
the petitioner herein paid a balance amount of
Rs.38,000/- by way of cash in favour of the
respondent viz., R(a) to R(c) today and the
respondent viz., R(a) to R(c) acknowledges the
receipt of the same." (sic)
6. In terms of the compromise arrived at between the
parties, there is no embargo to record the compromise as the
alleged offence which punishable under Section 138 of NI Act is
compoundable offence.
7. Accordingly, I pass the following order:
ORDER
(1) The present Criminal Revision Petition is disposed
of in terms of the terms and conditions entered
into between the parties in the application.;
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CRL.RP No. 644 of 2013
(2) The judgment of conviction and order of
sentence dated 04.12.2012 passed by the Civil
Judge (Jr.Dvn.) and JMFC, Turuvekere in C.C.
No.136/2010 and confirmed by the judgment
and order dated 20.06.2013 by the V Addl.
District and Sessions Judge, Tiptur in Crl. A.
No.185/2012, are set aside.;
(3) Petitioner is acquitted for the offence punishable
under Section 138 of Negotiable Instruments
Act.;
(4) The bail bonds, if any, executed by the
petitioner, is cancelled.;
(5) The trial Court is directed to release and disburse
the amount in deposit to Respondent No.(b) -
H.R.Janardana Horakeri, on proper identification
and verification.
Sd/-
JUDGE
VK
