Karnataka High Court
C T Ramachandraiah vs Smt. P Lalitha on 28 February, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.RP No. 1134 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P. No.1134/2019
BETWEEN:
C.T. RAMACHANDRAIAH
S/O PUTTAMADAIAH
AGED ABOUT 60 YEARS
R/AT NO.14, VIJAYADURGA
3RD CROSS ROAD
BYRAVESHWARANAGAR
BENGALURU - 560 091.
R/AT KSRTC BOOKING CENTER
Digitally signed ASP PLAZA, XEROX SHOP
by B A KRISHNA
KUMAR VIJAYADURGA ENTERPRISES
Location: High
Court of SUNKADAKATTE
Karnataka
BENGALURU - 560 091. ...PETITIONER
(BY SRI SIDDANANJAIAH, ADV.)
AND:
SMT. P. LALITHA
W/O SOMA REDDY
AGED ABOUT 43 YEARS
R/AT NO.202, C 4TH CROSS
IST MAIN, 3RD PHASE
MANJUNATH NAGAR
BANGALORE - 560 010. ...RESPONDENT
(BY SRI G. CHANDRASHEKARAIAH, ADV.)
THIS CRL.R.P. IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER DATED 06.06.2019 PASSED
LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
IN CRL.A.NO.557/2016 AND ALSO THE JUDGMENT OF CONVICTION
AND ORDER OF SENTENCE DATED 11.03.2016 (SIGNED ON
11.04.2016) PASSED BY THE XIII ADDL.C.M.M., BENGALURU IN
C.C.NO.18387/2014 AND DISMISS THE COMPLAINT FILED BY THE
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CRL.RP No. 1134 of 2019
COMPLAINANT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This Criminal Revision Petition under Section 397 of Cr.P.C, is filed by the petitioner/accused challenging the judgment and order of conviction and sentence passed by the XIII Addl. C.M.M., Bengaluru in C.C.No.18387/2014 dated 11.03.2016 and the judgment and order dated 06.06.2019 passed in Crl.A.No.557/2016 by the LXIV Additional City Civil and Sessions Judge, Bengaluru.
2. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled at the intervention of elders and well-wishers and towards full and final settlement of dispute involved in the case, the petitioner has agreed to pay a sum of Rs.2,00,000/- and the respondent - complainant has agreed to receive the same. The parties have filed a joint memo dated 28.02.2023 and the terms of the said joint memo reads as under:
"JOINT MEMO "2. This Hon'ble court has granted Interim Order directing the Petitioner to pay 50% of the -3- CRL.RP No. 1134 of 2019 award amount. Accordingly, he has deposited Rs.77,500/- on 13-03-2020 before the Learned Magistrate in Sl.No.4411/2020, Q.No21858/2019-20. He has also deposited a sum of Rs.50,000/- through 2 D.Ds. bearing No.548041 and 548042 dated 24.08.2016 for a sum of Rs.25,000 each (Totally Rs.50,000) Fifty Thousands )
3. It is further submitted that, during the pendency of this petition, both parties have agreed to settle the dispute.
4. The Petitioner has offered to pay a sum of Rs.2,00,000/- towards the full and final settlement of the dispute. This Respondent also agreed to receive the said amount towards the full and final settlement. Accordingly, the petitioner has paid Rs.72,500/- (Seventy Two five Hundred) today as cash and has agreed that, the Respondent shall receive the amount deposited before the Learned Magistrate and also deposited Rs.50,000/- as per the D.D. and the cash receipt issued by the Trial Court."
3. In view of settlement arrived between the parties, and taking into consideration the nature of the offence involved in this case, the parties are permitted to compound the offence punishable under Section 138 of N.I. Act. Accordingly, the following :-
::ORDER::
Criminal Revision Petition is allowed. -4- CRL.RP No. 1134 of 2019 The judgment and order of conviction and sentence dated 11.03.2016 passed by the Court of XIII Addl. C.M.M., Bengaluru in C.C.No.18387/2014 confirmed in Crl.A.No.557/2016 dated 06.06.2019 by the LXIV Addl. City Civil & Sessions Judge, Bengaluru is set aside and the petitioner is acquitted of the offence under Section 138 of the N.I. Act. Having regard to the settlement arrived between the parties, the total amount of Rs.1,27,500/- which is in deposit before the Trial Court is permitted to be withdrawn by the respondent - complainant.
Learned counsel for the respondent has acknowledged receipt of balance amount of Rs.72,500/- in cash towards full and final settlement of the dispute .
Sd/-
JUDGE NMS