Karnataka High Court
Sri Shivakumar vs Sri Narasimhamurthy on 17 January, 2024
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NC: 2024:KHC:2124
CRL.RP No. 8 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 8 OF 2022
BETWEEN:
SRI. SHIVAKUMAR
S/O KUMARASWAMY
AGED ABOUT 48 YEARS
RESIDING AT BENCHIKATTE VILLAGE
BILICHODU HOBLI, JAGALUR TALUK
Digitally DAVANAGERE DISTRICT - 577 553.
signed by N
UMA ...PETITIONER
(BY SRI. N SURESHA, ADVOCATE)
Location:
HIGH
COURT OF AND:
KARNATAKA SRI NARASIMHAMURTHY
S/O LATE VEERABHADRAPPA
AGED ABOUT 43 YEARS,
RESIDING AT MEDAKERANAHALLI VILLAGE,
JAGALUR TALUK
DAVANAGERE DISTRICT - 577 553.
SINCE DEAD BY HIS L.R.
SMT. S.UMA W/O
NARASIMHA MURTHY
AGE ABOUT 38 YEARS
MIDIKENAHALLY, JAGALUR TALUK
DAVANAGERE DISTRICT - 577 553.
AMENDMENT CARRIED OUT AS PER ORDER DATED
08.01.2023.
...RESPONDENT
(BY SRI. NAVEEN KUMAR S, ADVOCATE FOR LR OF R1(A))
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 19.11.2021 IN CRL.A.NO.103/2018
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND SPECIAL JUDGE, DAVANAGERE AND JUDGMENT AND SENTENCE
PASSED BY THE CIVIL JUDGE AND JUNIOR DIVISION AT JAGALURU
IN C.C.NO.726/2016 DATED 25.08.2018.
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NC: 2024:KHC:2124
CRL.RP No. 8 of 2022
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Heard Shri N.Suresha, learned counsel for the
petitioner and Shri Naveen Kumar.S, learned counsel for the
respondent.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed a joint memo. The same
is taken on record.
3. The Petitioner and the respondent are present and
identified by their respective counsels. The joint memo is duly
signed by the petitioner, the respondent and their respective
counsels. The joint memo reads thus:
"In the above case the Petitioner and the
LRs of the Respondent along with Councils
submits under follows:-
1. The Above case was settled for the Rs.
1,60,000/- (One Lakh Sixty thousands Only)
and today dated :- 08/01/2024 Rs 50,000/-
(Fifty thousands Only) is paid by way of Cash to
the Smt Uma Lrs of Respondent. And
2. The reaming Balance amount in the 2nd
Installment on date :- 17/01/2024 Rs.
1,10,000/- (One lakh ten thousands only) to be
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paid by the Petitioner to the Respondent by way
cash for the Full and final settlement.
Wherefore :- the Petitioner and Respondent is
herewith is accepted to the Close case with
Identify by the both the Advocates. In the
Interest of justice and Equity."
4. On perusal of the averments made joint memo and
also on the submission made by the learned counsel for the
respective parties, 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 25.08.2018 passed in
C.C.No.726/2016 by the Court of Civil Judge and
JMFC at Jagalur and its confirmation judgment
and order dated 19.11.2021 passed in Crl.A.
No.103/2018 by the Court of II Additional
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District and Sessions Judge and Special Judge at
Davanagere, are set aside.
(iii) The petitioner / accused is acquitted for the
offence punishable under Section 138 of
Negotiable Instruments Act.
(iv) The Trial Court is directed to release the amount,
in favour of the petitioner / accused, in case, any
amount is deposited in pursuance of the order of
the Appellate Court, on proper identification and
on production of certified copy of the order of
this Court.
(v) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
UN
