Karnataka High Court
Sri. V. Madhuchandra vs Sri. Joseph A on 29 November, 2023
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NC: 2023:KHC:43227
CRL.RP No. 1275 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL REVISION PETITION NO. 1275 OF 2016
BETWEEN:
SRI. V.MADHUCHANDRA
S/O LATE VARAPRAKASH,
AGED ABOUT 36 YEARS,
R/O C/O MECHANIC AANJI,
2ND CROSS, WARD NO.1,
CHICKKABALLAPUR TOWN-562 101
CHICKABALLAPUR TALUK AND DIST
...PETITIONER
(BY SRI. JAI PRAKASH REDDY M., ADVOCATE)
AND:
1 SRI.JOSEPH.A
S/O AROGYAPPA, AGED ABOUT 62 YEARS,
R/O NO.422, 4TH B MAIN ROAD,
2ND BLOCK, HRBR LAYOUT, BENGALURU-560 043
SINCE DECEASED NOW REPRESENTED BY
Digitally
signed by 1A SRI.ALFRED ABILASH J.,
S/O.A.JOSEPH
SUMITHRA R
AGED ABOUT 40 YEARS
Location: FLAT NO.102, BHANU PARADISE
HIGH COURT BLOCK-1, CHELEKERE MAIN ROAD
OF NEAR BANGALORE CITY COLLEGE
KARNATAKA KALYAN NAGAR, HORAMAVU, BANGALORE-560 043
...RESPONDENT
(BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT DATED 01.08.2016 IN
CRL.A.NO.1265/2015 PASSED BY THE LXII ADDL. CITY CIVIL AND
S.J., BANGALORE CONFIRMING THE JUDGMENT IN C.C.NO.463/2014
DATED 15.09.2015 PASSED BY THE XV ACMM, BANGALORE AND
DISMISS C.C.NO.463/2014 DATED 15.09.2015 PASSED BY XV
ACMM, BANGALORE.
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CRL.RP No. 1275 of 2016
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Revision Petitioner/accused Sri V Madhuchandra with
counsel Sri Jai Prakash Reddy M, is present.
Respondent/complainant - Sri Joseph A along with
his counsel Vijaykumar Prakash present are before the
Court.
2. Both the parties have filed a joint application in
terms of Section 147 of the N.I. Act seeking permission of
the Court to compound the offence. The Trial Court has
imposed sentence of Rs.5,50,000/- and out of it, an
amount of Rs.5,40,000/- was ordered to be paid to the
complainant as compensation and remaining Rs.10,000/-
shall go to State.
3. Now, the parties have amicably settled the matter
agreeing for a settled amount of Rs.3,75,000/-. It is
stated in the application that an amount of Rs.1,10,000/-
is in deposit before the Trial Court dated 17.12.2015 and
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another Rs.1,10,000/- is deposited on 19.03.2019 totaling
to an amount of Rs.2,20,000/-. The remaining amount of
Rs.1,55,000/- is paid by way of D.D bearing No.389969
drawn on Canara Bank on 29.11.2023. Respondent
acknowledges receipt of the D.D. for Rs.1,55,000/-.
4. Revision Petitioner/accused submits that he has no
objection for complainant to withdraw the amount of
Rs.2,20,000/- in deposit of Court. Hence, in view of
settlement between the parties, the joint compromise
petition filed under Section 147 of the NI. Act is accepted.
5. In view of parties having amicably settled the
matter and compromise application being allowed by this
Court, judgment of First Appellate Court on the file of the
LXII Additional City Civil and Sessions Judge Court,
Bengaluru in Criminal Appeal No.1265/156 dated 1.8.2016
confirming the judgment of the Trial Court on the file of
the XV Additional Chief Metropolitan Magistrate Bengaluru
in C.C.No.463/2014 dated 15.9.2015 are hereby set aside
and accused stands acquitted.
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6. Counsel for Revision Petitioner/accused submits
that accused has offered cash security before Trial Court
and the same be ordered to be refunded to the accused.
On perusal of the Trial Court records dated 23.04.2015,
accused has deposited cash security of Rs.5,000/-. Hence,
the same may be ordered to be refunded to the Revision
Petitioner/accused.
Registry is directed to send back Trial Court records
immediately.
SD/-
JUDGE
rs
