Karnataka High Court
Kodandaramu vs Sri. Vijayaprakash on 1 March, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:8681
CRL.RP No. 336 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL REVISION PETITION NO. 336 OF 2016
BETWEEN:
1. KODANDARAMU
S/O LATE HANUMAPPA
AGED ABOUT 50 YEARS
2. K. VARUN
S/O KODANDARAMU
AGED ABOUT 29 YEARS
BOTH ARE RESIDING AT
NO.355, 7TH CROSS
1ST MAIN ROAD, YEMALURU
BENGALURU-560 037.
...PETITIONERS
(BY SRI. UDAY KUMAR M, ADVOCATE)
AND:
SRI VIJAYAPRAKASH
Digitally signed by B S/O KRISHNA REDDY
K
MAHENDRAKUMAR AGED ABOUT 56 YEARS
Location: HIGH R/AT #27, POOJA NIVAS
COURT OF
KARNATAKA KORAMANGALA, 1ST BLOCK,
BENGALURU-560 034.
...RESPONDENT
(BY SRI. M B RAVI KUMAR, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 AND 401 OF
CR.P.C PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
SET ASIDE THE JUDGEMENT AND ORDER DATED 27.11.2015 PASSED
BY THE PRESIDING OFFICER, LI ADDL. CITY CIVIL AND S.J., AT
BENGALURU CITY (CCH-52) IN CRL.A.NO.295/2015 AND THE
JUDGMENT AND ORDER DATED 16.01.2015 PASSED BY THE XIX
ADDL.C.M.M., AT BENGALURU IN C.C.NO.11951/2009 AND ACQUIT
THE PETITIONER OF CHARGES LEVELED AGAINST HIM AND ETC.
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NC: 2024:KHC:8681
CRL.RP No. 336 of 2016
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Petitioners are convicted for the offence punishable
under Section 138 of N.I. Act and sentenced to pay a sum of
Rs.60 Lakh towards fine amount.
2. The petitioner-accused No.1 and the complainant
are present before this Court and have filed an application
under Section 147 of N.I. Act for compounding of the offence
stating that, they have amicably resolved the dispute among
themselves. In terms of the settlement, the complainant has
agreed to receive a sum of Rs.59,90,000/- towards full and
final settlement of his claim and has no objection for setting
aside the judgment of conviction.
3. The said application is placed on record.
4. Petitioners-accused have undertaken to pay a sum
of Rs.59,90,000/- including the amount deposited before the
Trial Court on or before 01.05.2024. Therefore, the petition
requires to be allowed in the light of the settlement arrived
between the parties. Accordingly, I pass the following:
ORDER
The criminal revision petition is allowed. The Judgment
and order dated 27.11.2015 passed by the LI Addl. City Civil &
Sessions Judge at Bengaluru City in Crl.Appeal No.295/2015,
and judgment and order dated 16.01.015 passed by the XIX
NC: 2024:KHC:8681
Addl.Chief Metropolitan Magistrate, Bengaluru in
C.C.No.11951/2009 are hereby set aside and the petitioners
are acquitted of the offence Punishable under Section 138 of
N.I. Act. The complainant is at liberty to withdraw the amount
in deposit before the Trial Court and the balance amount to be
paid by the petitioner accused to the complainant on or before
1.5.2024, failing which, the complainant is at liberty to file
appropriate application before the Trial Court.
Sd/-
JUDGE
HR
