Karnataka High Court
Sri S Srinidhi vs Sri Janardhan Raju on 31 July, 2024
-1-
NC: 2024:KHC:30348
CRL.RP No. 149 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 149 OF 2022
BETWEEN:
SRI. S. SRINIDHI,
S/O SRINATH,
AGED ABOUT 37 YEARS,
R/O 22/18, 2ND CROSS,
M.G.K MURTHY LAYOUT,
CHAMARAJPET,
BENGALURU - 560 018.
...PETITIONER
(BY SRI. SIDDHARTH B. MUCHANDI, ADVOCATE)
AND:
SRI. JANARDHAN RAJU,
S/O RAJU,
AGED ABOUT 42 YEARS,
R/AT NO. 305, 1ST CROSS,
14TH BLOCK, NAGARBHAVI,
BENGALURU - 560 072.
Digitally
signed by ...RESPONDENT
NARAYANA (BY SRI. RAVI SHANKAR K.P, ADVOCATE)
UMA
Location:
HIGH COURT THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
OF
KARNATAKA
PRAYING TO SET ASIDE THE JUDGMENT DATED 01.01.2022
PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, (CCH-68), BENGALURU IN CRL.A.NO.54/2017 AND
THEREBY CONFIRMING THE JUDGMENT OF CONVICTION AND
SENTENCE DATED 14.12.2016 PASSED BY THE XII
ADDL.C.M.M., BENGALURU IN C.C.NO.13752/2008, WHICH IS
PRODUCED AT ANNEXURE-A AND B RESPECTIVELY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S RACHAIAH
-2-
NC: 2024:KHC:30348
CRL.RP No. 149 of 2022
ORAL ORDER
Heard on I.A.No. 1/2024.
2. The learned counsel for the respective parties and
parties are also present before the Court.
3. The learned counsel for the respective parties filed
an application under Section 147 of N.I. Act, 1881, stating that
matter has been settled between the parties with the terms and
conditions have been enumerated in the said application.
4. The averments of the said application in paragraph
No.II reads as follows:
"II. At the intervention of well-wishers and counsels,
the petitioner and the respondent have amicably
settled their dispute on the following terms and
conditions:
1. The parties state that as per the original joint
memo dated 4.02.2014 filed in C.C. No. 5658/2007
the petitioner and respondent settled their disputes
in respect of three cases i.e. C.C. No. 13752/2008,
C.C. No. 5658/2007 and C.C. No. 5657/2007 before
the Hon'ble XII Addl. Chief Metropolitan Magistrate
at Bengaluru.
2. The petitioner has deposited the following sums
till this date to before the Hon'ble Courts so far:
NC: 2024:KHC:30348
SL. Description Amount
NO.
1 On 10/07/2019 deposit Rs.
as per Court order in 80,000
2 On 15/02/2020 vide DD Rs.
2032849 in CC 1,20,200
3 On 2/1/2023 as per High Rs.
Court order in 2,00,000
Crl.RP.No.149/2022 vide
DD NO. 044055
The petitioner has no objection for the respondent to
withdraw these amounts in deposit either before the
Hon'ble Magistrate or Sessions Court or any other
court as detailed supra.
3. The respondent has received the aforesaid
amounts and acknowledges that the said amount
has been received by him as full and final settlement
of all the claims of the respondent against the
petitioner in respect of all the cases filed by
respondent against the petitioner including in C.C.
No. 13752/2008, C.C. No. 5658/2007 and C.C. No.
5657/2007 before the Hon'ble XII Addl. Chief
Metropolitan Magistrate at Bengaluru.
4. The petitioner and the respondent state that they
do not have any other claims against each other and
that they will not file any other complaint or
proceedings against each other either in respect of
the cheques or instruments or documents or
otherwise.
5. The respondent states that apart from the said
cheque, there is no other cheque or instrument or
documents of the petitioner in the possession of the
respondent and if there is any other such cheque or
NC: 2024:KHC:30348
document of the petitioner in the possession of the
respondent, the respondent undertakes to forthwith
destroy the same and not use it in any manner.
6. The petitioner and respondent state that they
have agreed to this compromise with their free will
and volition, and they are not under any coercion,
fraud, undue influence, mistake or misrepresentation
while agreeing to the terms of this compromise.
Wherefore, the petitioner and respondent
named above pray that this Hon'ble Court may be
pleased to permit the petitioner and respondent to
compound this case and allow this revision petition
and acquit the petitioner in C.C.No. 13752/2008
before the Hon'ble XII Addl. Chief Metropolitan
Magistrate at Bengaluru, to meet the ends of
justice."
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 the parties have also settled the
matter amicably. Hence, I proceed to pass the following:
ORDER
i. The Criminal Revision Petition is disposed of in
terms of compromise.
NC: 2024:KHC:30348
ii. The judgment of conviction and order of sentence
dated 14.12.2016 in C.C.No.13752/2008 passed
by the Court of LXVII Additional City Civil and
Sessions Judge, Bangalore and its confirmation
judgment and order dated 01.01.2022 in
Crl.A.No.54/2017 passed by the Court of XII
ACMM, Bengaluru, are set aside.
iii. The petitioner is acquitted for the offence
punishable under Section 138 of the Negotiable
Instruments Act, 1881.
iv. Registry and the Trial court is directed to release
the amount deposited on production of copy of
this order.
Sd/-
(S RACHAIAH)
JUDGE
AV
CT: BHK
