Karnataka High Court
P. Munikrishna vs G.Muralidhar on 15 June, 2023
Bench: S Rachaiah
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NC: 2023:KHC:20671
CRL.RP No. 318 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 318 OF 2016
BETWEEN:
P. MUNIKRISHNA
Digitally
signed by N S/O KUPPUSWAMY
UMA AGED ABOUT 73 YEARS
Location: R/A NO.105/D
HIGH COURT
OF YALACHENAHALLI
KARNATAKA J P NAGAR POST
BANGALORE - 78.
...PETITIONER
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
AND:
G. MURALIDHAR
S/O G. NARASIMHALU
AGED ABOUT 51 YEARS
R/A NO.2, 9TH CROSS
KASINAGAR, YALACHENAHALLI
J P NAGAR POST, BANGALORE - 78.
...RESPONDENT
(BY SRI. R.OMKUMAR, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
FOR AN OFFENCE U/S 138 OF N.I.ACT DATED 10.02.2015,
PASSED BY THE XXII A.C.M.M, BANGALORE IN
C.C.NO.31247/2009 AND THE ORDER DATED 04.02.2016
PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE
IN CRL.A.NO.348/2015 FOR AN OFFENCE U/S 138 OF N.I.ACT
AND BE PLEASED TO ACQUIT THE PETITIONER.
THIS CRIMINAL REVISION PETITION, COMING ON FOR
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.RP No. 318 of 2016
ORDER
1. Heard Shri M.Shivaprakash, learned counsel for the
petitioner and Shri R.Omkumar, 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 147 of the Negotiable Instruments
Act (for short "N.I. Act") read with Section 320(2) & (8) of the
Code of Criminal Procedure (for short "Cr.P.C.") of even date.
The same is taken on record.
3. 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 relevant portion of the application reads thus:
"2. It is submitted that, during the pendency of the
said Revision Petition, the petitioner and the
respondent have come to an understanding at the
intervention of friends and well wishers to settle the
monetary difference existing between them and to
put an end to the issue by entering into a
compromise. In continuation to the said
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CRL.RP No. 318 of 2016
understanding arrived by the petitioner and
respondent to receive a sum of Rs.2,25,000/-
(Rupees Two Lakhs Twenty Five Thousand only) as
full and final settlement in the matter. Accordingly,
the petitioner is handling over a Demand Draft
bearing No.149359 dated 14/06/2023 for a sum of
Rs.2,25,000/- drawn on Indian Overseas Bank,
Kanakapura Road Branch, Bangalore - 560 062.
That the respondent has received the said Demand
Draft to his satisfaction and has come forward to
endorse the same and to settle the claim, in the
matter.
3. It is submitted that, in view of the compromise
entered into between the petitioner & the Respondent
by payment of Rs.2,25,000/-, the same may be
recorded and the petitioner may please be acquitted
for the offence U/Sec.138 of N.I.Act.
4. It is further submitted that, the respondent
having received the said sum of Rs.2,25,000/- from
the petitioner, to his satisfaction, he has no further
claims whatsoever against the petitioner in the said
matter."
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
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CRL.RP No. 318 of 2016
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 10.02.2015 passed in
C.C.No.31247/2009 by the learned XXII
Additional Chief Metropolitan Magistrate,
Bangalore City and its confirmation judgment
and order dated 04.02.2016 passed in Crl.A.
No.348/2015 by the learned LXVI Additional City
Civil & Sessions Judge, Bangalore City are set
aside.
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of N.I. Act.
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CRL.RP No. 318 of 2016
(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.
(vi) The efforts made by learned counsel for the
respective parties for settlement is appreciated.
The appreciation is placed on record.
Sd/-
JUDGE
BSS
