Karnataka High Court
H Shivanna vs M Prasanna Kumar on 8 February, 2024
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NC: 2024:KHC:5466
CRL.RP No. 1432 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1432 OF 2019
BETWEEN:
H SHIVANNA
S/O HONNAIAH
AGED ABOUT 65 YEARS
R/O TARANA PALYA
MANNIGANAHALLI (POST)
Digitally
signed by MAGADI TQ
SUDHA S RAMANAGARA (DIST) - 562 120.
Location:
HIGH ...PETITIONER
COURT OF
KARNATAKA (BY SRI. PRAKASH R M, ADVOCATE)
AND:
M PRASANNA KUMAR
S/O MUNIYAPPA
AGED ABOUT 61 YEARS
R/O NO.4, 6TH CROSS
SUBEDAR PALYA, YASHVANTHPURA
BANGALORE - 560 022.
...RESPONDENT
(BY SRI. THIPPESWAMY T, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER DATED 05.06.2017
PASSED IN C.C.NO.3095/2014 ON THE FILE OF THE XII
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
CITY AND THE JUDGMENT PASSED IN CRL.A.NO.907/2017
DATED 07.11.2019 ON THE FILE OF THE LXIV ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-65) AND
ETC.,
THIS PETITION, COMING ON FOR SETTLEMENT, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:5466
CRL.RP No. 1432 of 2019
ORDER
1. Heard Sri.Prakash R.M, learned counsel for the petitioner
and Sri.Thippeswamy.T, learned counsel for the
respondent.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed a Joint Memo. The
joint memo is taken on record.
3. The Joint Memo is duly signed by the petitioner, the
respondent and their respective counsels. The joint
memo reads thus:
"It is respectfully submitted that, on the file of
above said case by the Appellant against the
Respondent for the of offence committed under
section 138 of NI act on the file of the complaint
by the complainant- Respondent in CC No.
3095/2014 before XII ACMM Bangalore, the
Hon'ble trial court passed the judgment dated
5/6/2017 convicted the appellant-accused
thereafter the appellant challenged the trial court
judgment before LXIV Addl. City civil & session
Judge (CCH-65) Bangalore in Crl.A No. 907/2017
the said appeal got dismissed in the judgment
passed by the lower appellate court dated
7/10/2019.
NC: 2024:KHC:5466
It is respectfully submitted that, the appellant
has challenged the judgment of both below two
courts impugned judgments before this Hon'ble
court in the above said criminal revision petition
and he case is posted for argument today.
It is respectfully submitted that, both the parties
are relatives each other on intervention of their
family members and elders both the parties have
agreed to settle the matter out of court amicably
the case can be disposed in accordance with law
in the interest of justice."
4. Considering the joint memo, there is no embargo to this
Court to record the compromise in terms of settlement.
There is no embargo to this Court to record the
compromise since the offence which is punishable under
Section 138 of the N.I. Act, is compoundable in nature.
5. Accordingly, I proceed to pass the following:
ORDER
(i) The Criminal Revision Petition stands disposed of
in terms of the compromise.
(ii) The judgment of conviction and order of
sentence dated 05.06.2017 passed in
NC: 2024:KHC:5466
C.C.No.3095/2014 by the XII Additional Chief
Metropolitan Magistrate, Bengaluru and the
judgment and order dated 07.11.2019 passed in
Crl.A.No.907/2017 by the LXIV Additional City
Civil and Sessions Judge (CCH-65) at Bengaluru
are set aside.
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of
Negotiable Instruments Act.
(iv) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
UN
