Karnataka High Court
Sri H Ranganath vs Sri Narayan R on 16 February, 2024
-1-
NC: 2024:KHC:6652
CRL.RP No. 1039 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1039 OF 2017
BETWEEN:
SRI H RANGANATH
S/O SRI HANUMANTHAPPA
AGED ABOUT 42 YEARS
R/AT OMKAR BUILDING
4TH 'A' CROSS 4TH CROSS
KTG SCHOOL ROAD
GAJANANA NAGARA
BENGALURU - 560 091.
...PETITIONER
(BY SMT. M RAJESHWARI, ADVOCATE FOR
Digitally
signed by SRI. R B SADASIVAPPA, ADVOCATE)
SUDHA S
Location:
HIGH
COURT OF AND:
KARNATAKA
SRI NARAYAN R
S/O SRI B RAMANNA
AGED ABOUT 52 YEARS
PROPRIETOR
M/S S V INDUSTRIES
NO.172/2 3RD MAIN
SRI MUNESHWARA MARAMMA ROAD
-2-
NC: 2024:KHC:6652
CRL.RP No. 1039 of 2017
OPPOSITE TO KTG SCHOOL
VISHWESHWARAIAH CIRCLE
SRIGANDHANAGARA
BENGALURU - 560 091.
...RESPONDENT
(BY SRI. RAGHAVENDRA M G .,ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE IMPUGNED JUDGMENT DATED 05.09.2017
PASSED BY THE LXII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BANGALORE IN CRL.A.NO.439/2016 AND ALSO THE
ORDER OF THE TRIAL COURT DATED 31.03.2016 PASSED BY
THE XVIII ADDITIONAL CHIEF METRPOLITAN MAGISTRATE,
BANGLAORE IN C.C.NO.20166/2013.
THIS PETITION, COMING ON FOR ARGUMENTS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned counsel for the respective parties and
parties are present before the Court.
2. Learned counsel for the respective parties have filed
a joint memo stating that the matter has been settled between
the parties. Hence, the same may be disposed of accordingly.
NC: 2024:KHC:6652
3. The averments of the joint memo in para Nos.2 and
3 reads thus:
"2) The petitioner herein as agreed to settle the said
issue for a sum of RS.1,00,000/- and accordingly,
the petitioner has paid a sum of Rs.50,000/- by
way of cash.
3) The petitioner is submitting a cheque for a sum of
Rs.50,000/- Dated:31.04.2024/ Cheque bearing
No.518031, the respondent herein
accepts/acknowledges a cash of Rs.50,000/- along
with the cheque. In view of the above terms and
conditions agreed between the parties."
4. 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 31.03.2016 in C.C.No.20166/2013 passed
by the Court of XXVIII Additional Chief
Metropolitan Magistrate, Bangalore and its
NC: 2024:KHC:6652
confirmation judgment and order dated
05.09.2017 in Crl.A.No.439/2016 passed by the
Court of LXII Additional City Civil & 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 bond executed, if any, stands cancelled.
Sd/-
JUDGE
JS
