Karnataka High Court
Sri H K Nagaraju vs Smt B C Anusuya on 29 July, 2024
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NC: 2024:KHC:29789
CRL.RP No. 320 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 320 OF 2021
BETWEEN:
SRI H K NAGARAJU
S/O LATE KRISHNA MURTHY,
AGED ABOUT 59 YEARS,
RESIDNIG AT NO.11,
HEMAVATHI BLOCK-II,
JAKIE QUARTERS,
MYSURU - 570 011.
...PETITIONER
(BY SRI. S VENUGOPALA, ADVOCATE)
AND:
SMT B C ANUSUYA
W/O KRISHNA MURTHY,
AGED ABOUT 51 YEARS,
RESIDING A NO.155,
Digitally signed JACKIE QUARTERS,
by
SREEDHARAN LALITHAMAHAL ROAD,
BANGALORE
SUSHMA MYSURU - 570 011.
LAKSHMI
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. S A SABOOR, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER DATED 09.02.2021
PASSED IN CRL.A.NO.258/2015 BY THE COURT OF THE I
ADDITIONAL SESSIONS JUDGE, MYSURU AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:29789
CRL.RP No. 320 of 2021
CORAM: HON'BLE MR JUSTICE S RACHAIAH
ORAL ORDER
1. Heard Shri S.Venugopala, learned counsel for the
petitioner and Shri S.A.Saboor, learned counsel for the
respondent.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed a Joint Memo of even
date. The joint memo is taken on record.
3. The petitioner and the respondent are present and
are identified by their respective counsels. The respondent
acknowledges receipt of cash of Rs.25,000/- (Rupees Twenty
Five Thousand only) from the petitioner. The Joint Memo is duly
signed by the petitioner and his counsel and learned counsel
for the respondent. The joint memo reads thus:
"The parties here to have Settled their grievances
amicably at the intervention of this Hon'ble Court.
The petitioner has paid a sum of Rs.95.000/- by cash
before this Hon'ble Court and he has deposited a sum
of Rs.1,37,500/- before the Trial Court in
C.C.1858/2012. Hence the petitioner has paid a sum
of Rs.2,32,500/- (Rupees Two Lakhs Thirty Two
NC: 2024:KHC:29789
Thousand five hundred only) towards full and final
settlement of the Respondent Complainant.
Wherefore, the parties here to prays that this
Hon'ble Court be pleased to acquit the
petitioner/Accused from C.C.1858/2012 on the file of
the Trial Court in the interest of Justice."
4. In terms of the averments stated above, the parties
have settled the matter amicably and sought to dispose of the
matter as per the terms and conditions stated above. Their
submission is placed on record.
5. On perusal of the above said terms and conditions
and also considering the offence which is punishable under
Section 138 of the N.I. Act, which is compoundable in nature,
there is no embargo to this Court to record the compromise in
terms as stated supra.
6. 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 30.11.2015 in C.C.No.1858/2012
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by the learned V Additional First Civil Judge and
J.M.F.C., Mysore and its confirmation judgment
and order dated 09.02.2021 in Crl.A.
No.258/2015 by the learned I Additional
Sessions Judge, Mysuru, are set aside.
(iii) The petitioner / accused No.1 is acquitted for the
offence punishable under Section 138 of
Negotiable Instruments Act.
(iv) The Trial Court is directed to release the amount,
which is deposited by the petitioner / accused
No.1, if any, in favour of the respondent /
complainant forthwith, on proper identification
and on production of certified copy of the order
of this Court.
(v) Bail bond executed, if any, stands cancelled.
Sd/-
(S RACHAIAH)
JUDGE
BSS
