Sri. M. Ramanjaneya. A vs Sri. A. Joseph Vijaya Kumar
2023 Latest Caselaw 7637 Kant

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                                                     CRL.RP No. 407 of 2023
                                                         NC: 2023:KHC:40245




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 9TH DAY OF NOVEMBER, 2023

                                          BEFORE
                           THE HON'BLE MS JUSTICE J.M.KHAZI
                     CRIMINAL REVISION PETITION NO.407 OF 2023
                   BETWEEN:

                      SRI. M. RAMANJANEYA. A.
                      S/O ANJANAPPA
                      AGED ABOUT 33 YEARS,
                      R/AT NO.131, 2ND CROSS,
                      NETAJI CIRCLE, BAGEPALLI,
                      CHIKKABALLAPUR - 561 207
                      C/O YASHILA HEALTH CARE DEVICSE,
                      NO.6/1, CONNAUGHT ROAD
                      QUEENS ROAD CROSS
                      BENGALURU - 560 052
                                                              ...PETITIONER
                   (BY SRI. KIRAN N, ADVOCATE)

                   AND:

                      SRI. A. JOSEPH VIJAYA KUMAR
Digitally signed      AGED ABOUT 41 YEARS
by MADHURI S          R/AT NO.8/1, 2ND FLOOR,
Location: High        4TH MAIN ROAD, 13TH CROSS,
Court of              CHINNAPPA GARDEN,
Karnataka
                      BENSON TOWN POST,
                      BENGALURU - 560 046
                                                             ...RESPONDENT
                   (BY SRI. PRABHAKAR S, ADVOCATE)

                        THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
                   CR.P.C PRAYING TO a) SET-ASIDE THE JUDGMENT AND ORDER
                   DATED 21-12-2022 PASSED BY HON'BLE 62ND ADDITIONAL
                   CITY CIVIL AND SESSIONS JUDGE, (CCH-63) BENGALURU IN
                   CRIMINAL APPEAL NO.88/2022; b) SET-ASIDE THE JUDGMENT
                   AND ORDER DATED 02-03-2021 PASSED BY HON'BLE 15TH
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                                      CRL.RP No. 407 of 2023
                                           NC: 2023:KHC:40245




ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
CITY IN C.C.NO.13384/2019 BY RESTORING THE CASE FOR
TRIAL AND FRESH CONSIDERATION; c) PASS SUCH OTHER
ORDER RELIEF'S THIS HON'BLE COURT DEEMS FIT TO GRANT
UNDER THE CIRCUMSTANCES OF THE ABOVE CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                           ORDER

Petitioner/accused and respondent/complainant

present.

2. Both learned counsel are also present.

3. I.A.No.2/2023 is filed under Section 147 r/w

Section 401 of Cr.P.C reporting settlement, the contents of

which reads as follows:

"It is submitted that, the petitioner has preferred the above petition before the Hon'ble Court against the order of judgment and order dated 02.03.2021 passed by Hon'ble 15 Additional Chief Metroplitan Magistrate, Bengaluru City in C.C.No.13384/2019 and also the judgment dated 21.12.2022 passed by Hon'ble 62nd Addl.City Civil and Sessions Judge, (CCH-63) Bengaluru in Crl.A.No.88/2022.

It is submitted that, subsequent to the filing of this petition, the parties have settled their dispute amicably by intervention of their common friends, in pursuance of the same the petitioner has paid a sum of Rs.2,00,000/- to the respondent vide D.D.No.822673, drawn on Union Bank of India, Jayanagara 3rd Block Branch, Bengaluru. The

CRL.RP No. 407 of 2023 NC: 2023:KHC:40245

respondent has agreed to accept and received the same.

It is submitted that, either of the parties have no claims what so ever against each other in any manner, they have settled their disputes, so the operation and execution of the judgment passed in Calendar Case No.13384/2019 passed by the Hon'ble 15th Additional Chief Metropolitan Magistrate, Bengaluru City shall have no effect.

Wherefore, it is humbly prays that this Hon'ble High Court be pleased to grant the leave to the parties to arrive for an amicable settlement of the dispute and further it is humbly prayed that this Hon'ble Court be pleased to set aside the order of conviction passed by the trial Court and acquit the accused for the offence tried by compounding the offence by virtue of the above terms agreed by the petitioner and respondent in the interest of justice."

4. Both the learned counsel submits that

Rs.90,000/- is deposited before the trial Court and the

respondent/complainant may be permitted to withdraw the

same.

5. In the light of the compromise entered into

between the parties, the following:

ORDER

(i) I.A.No.2/2023 is allowed.

(ii) The impugned orders dated 21.12.2022 in Crl.A.No.88/2022 on the file of 62nd

CRL.RP No. 407 of 2023 NC: 2023:KHC:40245

Addl.City Civil and Sessions Judge, Bengaluru and dated 02.03.2021 in C.C.No.13384/2019 on the file of 15th Addl.CMM, Bengaluru are set aside.

(iii) The petitioner/accused is acquitted for the offence punishable under Section 138 of N.I.Act. His bail bond stands discharged.

(iv) The respondent is permitted to withdraw Rs.90,000/- which is stated to be deposited before the trial Court.

In the result petition stand disposed of.

Send a copy of this order to the trial Court through e-mail.

Sd/-

JUDGE

RR