Karnataka High Court
Narayanaswamy vs H G Gundaiah on 8 February, 2024
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NC: 2024:KHC:5429
CRL.RP No. 711 of 2014
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. 711 OF 2014
BETWEEN:
NARAYANASWAMY
S/O MUTHARAYAPPA
AGED 34 YEARS
EX.PRESIDENT OF
YOUTH JANATHA DAL
NO.18, NEAR SHARADA SCHOOL
Digitally
signed by L.G.RAMANNA LAYOUT
SUDHA S LAVAKUSHA NAGAR
Location: LAGGERE, BANGALORE - 560 058.
HIGH COURT
OF ...PETITIONER
KARNATAKA (BY SRI. R RAJA, ADVOCATE)
AND:
H G GUNDAIAH
S/O H.V.GUNDAIAH
AGED 54 YEARS
NO.6, SOWBAGYA
BEHIND DEEPAK SAHAKARI BANK
A.G.B.LAYOUT, MAHALAKSHMIPURA,
3RD STAGE, BANGALORE - 560 086.
...RESPONDENT
(BY SRI. B C SEETHARAMA RAO, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 CR.P.C PRAYING TO SET
ASIDE THE CONVICTION AND SENTENCE PASSED BY THE XII
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE
ON 12.6.13 IN C.C.NO.11643/2009, AND ALSO ORDER PASSED
BY THE FAST TRACK SESSIONS JUDGE, FTC-V, BANGALORE
CITY ON 23.7.2014 ON CRL.A.NO.325/2013 AND ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.RP No. 711 of 2014
ORDER
1. Heard Sri.R.Raja, learned counsel for the petitioner and
Sri.B.C.Seetharama Rao, 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. Para Nos.1 and
2 of the joint memo reads thus:
"BOTH PARTIES IN THE ABOVE CASE SUBMIT AS
FOLLOWS:-
1. The parties to the above petition submit that
the matter in dispute in the above petition is
amicably settled by the parties and the petitioner
has paid total sum of Rs.8,20,000/- to the
respondent in full and final settlement of the
above petition. The respondent has already
received Rs.7,00,000/- from the petitioner in the
following manner:-
a. Received Rs.1,50,000/- on 12.7.2013
b. Received Rs.1,00,000/- on 18.10.2014
c. received Rs.1,00,000/- on 19.12.2014
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d. Received Rs.2,00,000/- on 7.1.2015
e. Received Rs.50,000/- on 21.12.2023
f. Receive Rs.1,00,000/-on 10.1.2024
ie., total Rs.7,00,000/- (Rs.Seven Lakhs only)
from the petitioner in the above case.
2. The petitioner submits that remaining balance
amount of Rs.1,20,000/-( Rs.One lakh Twenty
Thousand only) paid to the respondent today. The
respondent in the above case has no objection to
allow the above petition and compound the
offence."
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 12.06.2013 passed in
C.C.No.11643/2009 by the II Additional Chief
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Metropolitan Magistrate, Bengaluru and the
judgment and order dated 23.07.2014 passed in
Crl.A.No.325/2013 by the Fast Track Sessions
Judge, FTC-V, 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
