Sri. Nagaraja Naika vs Sri. Balakrishna
2024 Latest Caselaw 12795 Kant

Karnataka High Court

Sri. Nagaraja Naika vs Sri. Balakrishna on 7 June, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                 -1-
                                                             NC: 2024:KHC:19850
                                                         CRL.RP No. 203 of 2017




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 7TH DAY OF JUNE, 2024

                                                BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                           CRIMINAL REVISION PETITION NO.203 OF 2017

                   BETWEEN:

                   1.   SRI. NAGARAJA NAIKA,
                        S/O MUNIYA NAIKA,
                        AGED 46 YEARS,
                        TRAFFIC INSPECTOR,
                        K.S.R.T.C. BUS STAND,
                        HASSAN -573201.
                                                                   ...PETITIONER

                                (BY SRI. RAVISHANKAR, ADVOCATE)

                   AND:

                   1.   SRI. BALAKRISHNA,
                        S/O RAMARAO,
                        AGED 40 YEARS,
Digitally signed
by DEVIKA M             BEHIND KALAMMA TEMPLE,
Location: HIGH          HASSAN -573201.
COURT OF                                                          ...RESPONDENT
KARNATAKA
                             (BY SRI. GIRISH B. BALADARE, ADVOCATE)

                        THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
                   CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
                   DATED 09.12.2016 PASSED BY THE III ADDL. DISTRICT AND
                   SESSIONS    JUDGE, HASSAN     IN CRL.A.NO.54/2016   BY
                   CONFIRMING THE JUDGMENT DATED 03.02.2016 PASSED BY
                   THE III ADDL. CIVIL JUDGE AND J.M.F.C., HASSAN IN
                   C.C.NO.1815/2014 (OLD C.C.NO.928/2013) FOR THE OFFENCE
                   PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ACQUIT
                   THE PETITIONER FROM ALL CHARGES.
                                -2-
                                             NC: 2024:KHC:19850
                                        CRL.RP No. 203 of 2017




     THIS PETITION COMING ON FOR FURTHER HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Both the parties and their respective learned counsel are

present before the Court. The parties have filed a joint memo

under Section 147 of the Negotiable Instruments Act. In terms

of the settlement, the matter is settled for Rs.2,00,000/-. The

petitioner handed over the demand draft for an amount of

Rs.1,52,000/- to the respondent before this Court. The

petitioner has already deposited an amount of Rs.48,000/-

before the Trial Court.

2. The respondent acknowledges the receipt of demand

draft for an amount Rs.1,52,000/- before the Court. In view of

the settlement arrived between the parties, the respondent is

permitted to withdraw the amount of Rs.48,000/-, which is in

deposit before the Trial Court. The petitioner is not having any

objection for withdrawal of the amount by the respondent, which

is deposited before the Trial Court.

3. In terms of the settlement, the order of conviction is

set aside and the petitioner is acquitted for the offence

punishable under Section 138 of the Negotiable Instruments Act.

NC: 2024:KHC:19850

4. Accordingly, the criminal revision petition is disposed

of.

Sd/-

JUDGE

MD