Karnataka High Court
Sri Giridhar Srinivas vs Sri P V Seshadrinathan on 20 April, 2017
Author: Rathnakala
Bench: Rathnakala
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL REVISION PETITION NO.128/2016
BETWEEN:
SRI GIRIDHAR SRINIVAS
S/O LATE SRINIVAS,
AGE 57 YEARS,
NO.50, CRURCH STREET,
BANGALORE 560001
... PETITIONER
(By Sri: BINU M. ADVOCATE)
AND:
SRI P V SESHADRINATHAN
S/O SRI P V VYDYANATH,
AGED ABOUT 66 YEARS,
RESIDING AT NO.A-1201, AMODA VALMARK
DODDAKAMMANAHALLI (P.O),
GOTTIGERE,
BANGALORE-560083
... RESPONDENT
(By Sri: B.V.PINTO, ADVOCATE FOR
Smt : MANJULA M S, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT OF CONVICTION DATED 26.02.2015 IN
C.C.NO.24453/2012 FROM THE XXII ADDL.C.M.M,
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BANGALORE CITY AND CRL.A.NO.437/2015 DATED
04.01.2016 ON THE FILE OF THE LXVI ADDL. CITY CIVIL
AND S.J. AT BANGALORE (CCH-67).
THIS CRIMINAL REVISION PETITION COMING ON FOR
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner Sri.Giridhar Srinivas and the respondent Sri. P.V. Seshadrinathan are present and filed an application under Section 147 of the Negotiable Instruments Act seeking permission to compromise the matter and acquit the accused of the charges. The application is signed by both the parties and their learned counsel who are present in the Court Hall. The application reads thus:
"The Petitioner and the Respondent in the above Criminal Revision Petition humbly submits that:
That the Respondent/Complainant in the above case filed cases under Section 138 of the N.I.Act against the petitioner/accused for dishonour of Cheques before the XXII ACMM, at Bangalore.
That the Respondent/Complainant had filed three complaints against the Petitioner/Accused in C.C.No.24453/2012 and -3- C.C.No.24452/2012 before the XXII ACMM, Bangalore and the same were ended in the conviction of the Petitioner/Accused and the Petitioner/Accused preferred Criminal Appeals before the Hon'ble Sessions Court in Crl. Appeal Nos.437/2015 and 438/2015 and the Hon'ble Sessions Court dismissed the Criminal Appeals filed by the Petitioner/Accused and confirmed the orders of the Hon'ble ACMM. The Petitioner/Accused preferred Criminal Revision Petitions in Crl.R.P.Nos.128/2016 and 129/2016 before this Hon'ble Court and the matter is still pending.
That the Petitioner/Accused and the Respondent/Complainant reached an amicable settlement over the above cases on the following conditions.
a) The Petitioner/Accused agreed to pay total sum of Rs.10,00,000/- (Rs.Ten lakhs only) over and above the amount already paid to the Respondent/Complainant in the court below, towards the full and final settlement of the above mentioned three cases in two installments by way of DD's.
b) The first installment of Rs.5,00,000/-
(Five lakhs only) will be paid on or before 30th May 2017 and the remaining 50% i.e., Rs.5,00,000/- (Rs.Five lakhs only) will be paid on or before 30th of June.
The Respondent/Complainant is not willing to proceed with the above cases.
Therefore it is prayed that this Hon'ble court may be pleased to permit the Respondent/Complainant to compromise the -4- above matters and to acquit the Petitioner/Accused and pass such other orders which deemed fit in the circumstances of the case and render justice".
In view of the above, the application I.A.1/17 is allowed. The parties are permitted to compound the offence.
The Revision Petition is allowed. The judgment of conviction passed by the XXII Addl.C.M.M., Bangalore City in C.C.No.24453/2012 dated 26.2.2015, convicting the petitioner/accused is set aside. He is acquitted of the charge under Section 138 of the N.I.Act.
Sd/-
JUDGE Dvr: