Sri L Kumarkale vs Sri G V Narasimhaiah
2024 Latest Caselaw 4260 Kant

Citation : 2024 Latest Caselaw 4260 Kant
Judgement Date : 12 February, 2024

Karnataka High Court

Sri L Kumarkale vs Sri G V Narasimhaiah on 12 February, 2024

                                       -1-
                                                     NC: 2024:KHC:5772
                                                CRL.RP No. 209 of 2023



              IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                 DATED THIS THE 12TH DAY OF FEBRUARY, 2024
                                    BEFORE
                     THE HON'BLE MR JUSTICE S RACHAIAH
                CRIMINAL REVISION PETITION NO. 209 OF 2023
            BETWEEN:
               SRI L KUMARKALE
               S/O LATE M LAKSHMAN RAO KALE
               AGED ABOUT 54 YEARS

                PROPRIETOR:
                DEVI ENTERPRISES, SHIVAPUR GATE
                D CROSS ROAD,
Digitally       DODDABALLAPURA - 561 203.
signed by
SUDHA S         RESIDING AT NO. 309, Ist CROSS
Location:       VADDARAPET, SMESHWARA LAYOUT
HIGH            DODDABALLAPURA - 561 203.
COURT OF
KARNATAKA                                                ...PETITIONER
            (BY SRI. T P SRINIVASA, ADVOCATE)

            AND:
               SRI G V NARASIMHAIAH
               S/O LATE VASANTHAPPA
               AGED ABOUT 64 YEARS,
               1ST CROSS, 2ND MAIN,
               BALAJI LAYOUT, VIDYARANYAPURA
               BENGALURU - 560 097.
                                                        ...RESPONDENT
            (BY SRI. A Y N GUPTA, ADVOCATE)

                  THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
            TO SET ASIDE THE JUDGMENT DATED 01.02.2023 IN
            CRL.A.NO.134/2021 ON THE FILE OF LXIX ADDITIONAL CITY
            CIVIL AND SESSIONS JUDGE (CCH-70) AT BENGALURU
            CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF
            SENTENCE DATED 02.03.2020 IN C.C.NO.10415/2018 ON THE
            FILE OF XV A.C.M.M AT BENGALURU BE DISMISSED AND ETC.,

                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
            THE COURT MADE THE FOLLOWING:
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                                                NC: 2024:KHC:5772
                                          CRL.RP No. 209 of 2023



                              ORDER

1. The petitioner is present before the Court.

2. NBW issued against the petitioner on 02.01.2024 is

recalled.

3. Learned counsel for the respective parties and the

parties are present before the Court.

4. Learned counsel for the respective parties have filed

a joint memo stating that the matter has been settled out of

the Court between the parties and the same may be disposed

of, accordingly.

5. Considering the averments of the said application,

there is no embargo to this Court to record the compromise,

since the offence punishable under Section 138 of N.I. Act is

compoundable in nature and parties have settled the matter

amicably. Hence, I proceed to pass the following:

ORDER

i. The Criminal Revision Petition is disposed of in

terms of compromise.

ii. The judgment of conviction and order of sentence

dated 02.03.2020 in C.C.No.10415/2018 passed

NC: 2024:KHC:5772

by the Court of XV Additional Chief Metropolitan

Magistrate, Bengaluru and its confirmation

judgment and order dated 01.02.2023 in

Crl.A.No.134/2021 passed by the Court of LXIX

Addl. City Civil and Sessions Judge, Bengaluru are

set aside.

iii. The petitioner is acquitted for the offence

punishable under Section 138 of the Negotiable

Instruments Act, 1881.

iv. Bail bonds executed, if any, stand cancelled.

The Trial Court is directed to release the amount

deposited if any, by the petitioner in favour of the

respondent/complainant on production of this order.