Mr S R Lokesh vs Mr Paramesh S
2023 Latest Caselaw 6857 Kant

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                                                    NC: 2023:KHC:35349
                                               CRL.RP No. 856 of 2019




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 27TH DAY OF SEPTEMBER, 2023

                                     BEFORE
                THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                 CRIMINAL REVISION PETITION NO. 856 OF 2019
             BETWEEN:
             MR S R LOKESH,
             S/O LATE RANGAPPA,
             AGED ABOUT 54 YEARS,
             P.E. TEACHER, GOVT. M.H.P. SCHOOL,
             K M ROAD, SAKREPATNA VILLAGE & POST
             KADUR TALUK -577 135,
             CHIKKAMAGALURU.
                                                         ...PETITIONER
             (BY SRI SWAMY B.P, ADVOCATE)
             AND:
             MR PARAMESH S,
             S/O SANNANINGAPPA,
             AGED ABOUT 28 YEARS,
             HOTEL BUSINESS,
             C/O DRIVER DODDAHATTAI BEEDI,
Digitally
signed by    SAKREPATNA VILLAGE & POST,
RENUKAMBA    KADUR TALUK-577 135, CHIKKAMAGALURU.
KG
Location:
                                                        ...RESPONDENT
HIGH COURT   (BY SRI JAGADISH G KUMBAR, ADVOCATE)
OF
KARNATAKA         THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
             TO 1.SET ASIDE THE JUDGMENT, CONVICTION AND SENTENCE
             PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC,
             KADUR IN C.C.NO.331/2015, DATED 7/7/2018. 2.SET ASIDE
             THE JUDGMENT/ORDER PASSED BY THE PRL.DISTRICT AND
             SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.106/2018,
             DATED 29.03.2019.

                  THIS PETITION COMING ON FOR ADMISSION THIS DAY,
             THE COURT MADE THE FOLLOWING:
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                                          NC: 2023:KHC:35349
                                     CRL.RP No. 856 of 2019




                          ORDER

Mr.Jagadish G.Kumbar, learned counsel filed power

for respondent and the same is placed on record.

The revision petitioner / accused and respondent /

complainant along with their respective counsels are

present.

2. The parties have submitted an application under

Section 147 of the Negotiable Instruments Act, 1881

reporting settlement of the matter amicably for a sum of

Rs.2,25,000/- in full and final settlement of the claim.

3. Both the parties have also filed a joint affidavit

reporting settlement. The contents of the compromise

petition are read over and explained to the parties in

presence of their respective counsel in Kannada language

known to them and they admit the contents are true and

correct.

4. I am satisfied that the parties have settled their

dispute amicably without any threat or coercion. The

NC: 2023:KHC:35349 CRL.RP No. 856 of 2019

compromise is not against any settled law. In view of the

same, the application filed under Section 147 of the

Negotiable Instruments Act, 1881 needs to be allowed.

Accordingly, I proceed to pass the following:

ORDER

(i) The application filed by both the parties under Section 147 of the Negotiable Instruments Act, 1881 is allowed. The matter stands compounded.

(ii) The impugned judgment of conviction and order of sentence passed by II Additional Civil Judge and JMFC at Kadur in C.C.No.331/2015 dated 07.07.2018 and confirmed in Crl.A.No.106/2018 by Principal District and Sessions Judge at Chikkamagaluru vide judgment dated 29.03.2019 are set aside.

(iii) The accused / revision petitioner stand acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(iv) In view of the compounding of the offence, the bail bonds executed by the

NC: 2023:KHC:35349 CRL.RP No. 856 of 2019

accused / revision petitioner stand cancelled.

(v) The compromise petition shall be part of this order.

Sd/-

JUDGE

SS