Sri C T Raghunath Reddy vs Sri M C Raghunath on 6 February, 2020

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Karnataka High Court

Sri C T Raghunath Reddy vs Sri M C Raghunath on 6 February, 2020

Bench: K.Natarajan

                           1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF FEBRUARY, 2020

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

       CRIMINAL REVISION PETITION No.1289 of 2015

BETWEEN

SRI C.T.RAGHUNATH REDDY,
S/O CHIKKATHIPANNA,
AGED ABOUT 42 YEARS,
RESIDING AT SINGANAHALLI VILLAGE,
DODDAGANJUR POST,
CHINTHAMANI TALUK,
CHIKKABALLAPURA DISTRICT.
                                            ...PETITIONER
(BY SRI N.MANOHAR, ADVOCATE)

AND

SRI M.C.RAGHUNATH,
S/O LATE CHIKKA CHIKKANARASAPPA,
AGED ABOUT 55 YEARS,
RESIDING AT ASHRAYA LAYOUT,
NEAR VENKATADRI COLLEGE,
CHINTHAMANI CITY,
CHIKKABALLAPURA DISTRICT.
                                          ...RESPONDENT

(BY SMT.SUSHEELA DEVI, ADVOCATE FOR
SRI G.V.MANJUNATHA, ADVOCATE)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF THE CODE OF CRIMINAL
PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT IN
C.C.No.884/2013 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND
JMFC., CHINTHAMANI FOR CONVICTING THE ACCUSED/
PETITIONER AND ALSO JUDGMENT IN CRL.A.No.25/2015
                                  2


DATED 30.10.2015 PASSED BY II ADDITIONAL DISTRICT AND
SESSIONS    JUDGE,    CHIKKABALLAPUR,    SITTING   AT
CHINTHAMANI FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF NEGOTIABLE INSTRUMENT ACT AND
CONSEQUENTLY ACQUIT THE PETITIONER FOR THE SAID
OFFENCE AND HE BE DEALT WITH IN ACCORDANCE WITH LAW.

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


                              ORDER

The petitioner and the respondent are present along with their respective counsel. They filed an interim application in I.A.No.1/2020 under Section 147 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act').

2. This revision petition is filed challenging the judgment of conviction and sentence dated 12.11.2014 passed by the Principal Civil Judge and JMFC, Chintamani, in CC No.884/2013 for the offence under Section 138 of N.I. Act, which was confirmed by the II Additional Sessions Judge, Chikkaballapura, sitting at Chintamani in Crl.A.No.25/2015 vide order dated 30.10.2015. During the pendency of this revision petition, the parties have arrived at a settlement and filed this compromise 3 application and submit that they have compounded the offence.

3. The petitioner submits that he has already settled the amount to the respondent. The same is acknowledged by the respondent in the open Court in the presence of his counsel.

4. The submission is placed on record. The compromise is accepted. Accordingly, I.A.No.1/2020 is allowed.

5. In view of the compromise, judgment of conviction and sentence dated 12.11.2014 passed by the Principal Civil Judge and JMFC, Chintamani, in CC No.884/2013 for the offence under Section 138 of N.I. Act, which was confirmed by the II Additional Sessions Judge, Chikkaballapura, sitting at Chintamani in Crl.A.No.25/2015 vide order dated 30.10.2015 for the offence under Section 138 of N.I. Act, are set aside. The petitioner is acquitted. Bail Bond, if any, stands cancelled. 4

The revision petition is disposed of in terms of the compromise.

Sd/-

JUDGE mv

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