Karnataka High Court
Sri M J Mahesh vs Sri K L Shivarudra on 22 October, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:42503
CRL.RP No. 604 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO.604 OF 2017
BETWEEN:
1. SRI M J MAHESH
S/O M.E JAVAREGOWDA,
AGED ABOUT 49 YEARS,
R/AT NO.265, 10TH CROSS,
3RD MAIN, BOGADI 2ND STAGE,
MYSORE,
MYSORE DISTRICT-570026
...PETITIONER
(BY SRI PANCHAM R D, ADVOCATE)
AND:
1. SRI K L SHIVARUDRA
S/O K L LINGEGOWDA,
AGED ABOUT 61 YEARS,
R/AT 7TH CROSS, BEFORE APMC YARD,
V.V.NAGARA, MANDYA CITY,
Digitally signed MANDYA DISTRICT-571401
by MALATESH
KC ...RESPONDENT
Location: HIGH (BY SRI M.Y.SRINIVASA, ADVOCATE)
COURT OF
KARNATAKA
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED
21.01.2016 PASSED BY THE COURT OF THE JMFC, MANDYA IN
C.C.NO.402/2006 AND THE JUDGMENT DATED 22.04.2017
PASSED BY THE COURT OF THE II ADDL. DIST. AND S.J.,
MANDYA IN CRL.A.NO.11/2016.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
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NC: 2024:KHC:42503
CRL.RP No. 604 of 2017
ORAL ORDER
Parties are present. Joint memo is filed. Contents of the
joint memo reads as under:
"1. The respondent has filed C.C.No.402/2006, against the
petitioner, for the offence punishable under section 138 of
N.I.Act, on the file of the Court of the Judicial Magistrate
First Class, Mandya, alleging that the cheque issued by the
petitioner, in favour of the respondent, for the repayment
of a sum of Rs.1,80,000/-, came to be dishonoured, and
the petitioner has failed to repay the said amount, despite
service of notice on the petitioner.
2. Vide judgment dated 21/01/2016, the Hon'ble Court of
Judicial Magistrate First Class, Mandya, was pleased to
convict the petitioner, for the offence punishable under
section 138 of N.I.Act, and sentenced him to pay fine of
Rs.3,65,000/-, and in default to under go S.I. for one year.
Out of the said fine amount a sum of Rs.3,60,000/- was
ordered to be paid to the respondent as compensation, and
a sum of Rs.5,000/- was ordered to go to State towards
fine head.
3. The appeal filed by the petitioner in Crl.A.No.11/2016,
challenging the judgment dated 21/01/2016, passed by the
Hon'ble Court of Judicial Magistrate First Class, Mandya,
came to be dismissed by the Hon'ble Court of the II Addl.
District and Sessions Judge, Mandya, vide judgment dated
22.04.2017.
4. The petitioner has filed the above Criminal Revision
Petition to set aside the judgment dated 21/01/2016
NC: 2024:KHC:42503
passed by the Court of the Judicial Magistrate First Class,
Mandya, in C.C.No.402/2006 and the judgment dated
22.04.2017, passed by the Court of the II Addl. District and
Sessions Judge, Mandya, in Crl.A. No.11/2016.
5. During the pendency of the above Petition, the petitioner
and the respondent have amicably settled their dispute in
the following manner:
i) The petitioner has agreed to pay a sum of
Rs.3,00,000/- (Rupees Three Lakhs only) to the
respondent and the respondent has agreed to
receive the same, towards the full and final
settlement of their dispute, as stated hereunder,
ii) The petitioner has today paid a sum of
Rs.1,54,000/- (Rupees One Lakh Fifty Four Thousand
only) to the respondent by way of D.D.No.234972,
dated 18.10.2024, drawn on Bank of Baroda,
Gokulam Extension Branch, Mysore, the receipt of
which is confirmed by the respondent,
iii) It is submitted that the petitioner has
deposited a sum of Rs.36,500/- on 17.02.2016, and
a sum of Rs. 1,09,500/- on 05.07.2017, before the
Hon'ble Court of Judicial Magistrate First Class,
Mandya, in C.C.No.402/2006. Thus a total sum of
Rs.1,46,000/-(Rupees One Lakh Forty Six Thousand
only) has been deposited by the petitioner before the
Hon'ble Court of Judicial Magistrate First Class,
Mandya, in C.C.No.402/2006. The respondent may
be permitted to withdraw the sum of Rs.1,46,000/-
(Rupees One Lakh Forty Six Thousand only) in
NC: 2024:KHC:42503
C.C.No.402/2006, on the file of the Hon'ble Court of
Judicial Magistrate First Class, Mandya The petitioner
has no objection for the same.
6. The petitioner and the respondent submit that the
settlement arrived at by them is from their free will and
volition and that there is no coercion, undue influence, or
whatsoever in settling their dispute amicably in the
aforesaid terms.
WHEREFORE, the petitioner and the respondent pray
that this Hon'ble Court be pleased to accept the settlement
arrived between them in the aforesaid terms and set aside
the judgment dated 21/01/2016 passed by the Court of the
Judicial Magistrate First Class, Mandya, in C.C.No.402/2006
and the judgment dated 22.04.2017, passed by the Court
of the II Addl. District and Sessions Judge, Mandya, in
Crl.A. No.11/2016, in the interest of justice and equity."
2. A demand draft in a sum of Rs.1,54,000/- tendered
by the revision petitioner to the respondent. Same is
acknowledged in the order sheet.
3. In view of the joint memo, the revision petition
stands disposed of.
4. Amount in deposit is ordered to be withdrawn by
the complainant under due identification.
NC: 2024:KHC:42503
5. In view of the settlement, fine amount of
Rs.5,000/- imposed by the learned Trial Magistrate, confirmed
by the First Appellate Court towards defraying expenses of the
State is hereby set aside.
Sd/-
(V SRISHANANDA)
JUDGE
MR
