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2020 DIGILAW 715 (KAR)

S Deveera Shetty S/o Siddalinga Setty v. B Varadaraju S/o B. K. Bommaiah Chettiyar

2020-03-12

K.SOMASHEKAR

body2020
ORDER : This petition is filed challenging the judgment dated 18.12.2013 rendered by the II Additional District & Sessions Judge, Chikmagalur in Crl.A.No.183/2013 dismissing the appeal and confirming the judgment of conviction and order of sentence dated 16.04.2013 rendered by the II Additional Civil Judge & JMFC, Chikmagalur in C.C.No.30/2007 convicting the accused for the offence punishable under Section 138 of the Negotiable Act. However, even during the pendency of the petition, the petitioner S. Deveera Shetty and the respondent B. Varadaraju, on this day, have filed an application by way of joint memo under Section 147 of the N.I.Act read with Section 320(2)(8) of the Cr.P.C. seeking permission of this Court to dispose of the petition and to acquit the petitioner/accused for the offence punishable under Section 138 of the N.I.Act. 4. The joint memo reads as under: “The petitioner and the respondent jointly submits as follows: 1. That the respondent herein filed a complaint U/s 200 of Cr.PC against the petitioner herein for the offences punishable U/s 138 of N.I.Act. That after taking cognizance a case in C.C.No.30/2007 was registered against the petitioner and after Trial the petitioner was convicted for the offence U/s 138 of N.I. Act and directed the petitioner to penalty of Rs.3,000/- and in default to undergo S.I. for 3 months and also directed him to pay Rs.1,00,000/- as compensation to the respondent herein by the Trial Court. That the petitioner filed a Criminal Appeal No.183/2013 before the II Addl. District and Session Judge, Chickmagalur against the conviction passed in C.C.No.30/2007. The Criminal Appeal No.183/2013 came to be dismissed, thereby confirming the conviction and sentence passed by the Trial Court stated above. 2. That the petitioner in the above case has prayed to call for records and to set aside the order dated:16.04.2013 passed in C.C.No.30/2007 on the file of the learned 2nd Addl. Civil Judge and JMFC, Chickmagalur and the order passed in Crl.A.No.183/2013 dated 18.12.2013 by the learned IIAddl. District and Session Judge, Chickmagalur District and also sought for such other reliefs. That this Hon’ble Court was pleased to admit the above revision petition and accordingly the matter is pending for final adjudication. 3. It is submitted that as per the order of the learned II Addl. District and Session Judge, Chickmagalur in Crl.A.No.183/2013, the petitioner has deposited 20% of the compensation amount. That this Hon’ble Court was pleased to admit the above revision petition and accordingly the matter is pending for final adjudication. 3. It is submitted that as per the order of the learned II Addl. District and Session Judge, Chickmagalur in Crl.A.No.183/2013, the petitioner has deposited 20% of the compensation amount. That this Hon’ble Court on 28.10.2014 in the above Criminal Revision Petition has directed the petitioner to deposit 50% of the Cheque amount. Accordingly the petitioner has deposited the amount in the court below. 4. It is submitted that the dispute between the petitioner and the respondent has been settled amicably with the intervention of elders and well wishers in order to put and end to the litigation that existed between the petitioner and respondent. Accordingly the respondent has agreed to withdraw the amount in deposit as a full and final settlement and for which the petitioner has no objection. Therefore the petitioner and respondent have agreed for the disposal of the above Revision Petition in terms of the settlement entered into between the petitioner and the respondent. WHEREFORE, it is respectfully prayed that this Hon’ble Court be pleased to set aside the conviction and sentence passed in C.C.No.30/2007 dated 16.04.2013 on the petitioner by the learned II Addl. Civil Judge and JMFC, Chickmagalur which is confirmed by the learned II Addl. District and Session Judge, Chickmagalur in Crl.A.No.183/2013 dated 18.12.2013 and acquit the petitioner and set him at his liberty by directing the fine amount to be repaid to the petitioner, in the interest of justice and equity.” 5. The joint memo is duly signed by the learned counsel on both sides and so also, the petitioner and respondent. It is stated in the joint memo that the respondent filed a complaint under Section 200 of Cr.P.C. against the petitioner herein for offence punishable under Section 138 of the N I Act. By order dated 16.04.2013 in C.C.No.30/2007, the Trial Court convicted the petitioner and directed him to pay penalty of Rs.3,000/and Rs.1,00,000/as compensation to the respondent. The criminal appeal filed against the said order also having been dismissed, the petitioner has filed the present petition. It is stated that after the order passed in Crl.A.No.183/2013, the petitioner has deposited 20% of the compensation amount before the Trial Court. The criminal appeal filed against the said order also having been dismissed, the petitioner has filed the present petition. It is stated that after the order passed in Crl.A.No.183/2013, the petitioner has deposited 20% of the compensation amount before the Trial Court. Further, as per the order of this Hon’ble Court, he has also deposited 50% of the cheque amount before the Trial Court. Now in terms of the settlement arrived between the parties, the respondent has agreed to withdraw the entire amount in deposit before the Trial Court as full and final settlement of the dispute, for which the petitioner has no objection. Thus, it is submitted that the petitioner and respondent having reached at a settlement, they have agreed to compound the offences. 6. In view of the parties having arrived at a settlement in terms of the joint memo, this criminal revision petition stands disposed of. Consequently, the judgment dated 18.12.2013 rendered by the II Additional District & Sessions Judge, Chikmagalur in Crl.A.No.183/2013 dismissing the appeal and confirming the judgment of conviction and order of sentence dated 16.04.2013 rendered by the II Additional Civil Judge & JMFC, Chikmagalur in C.C.No.30/2007 are hereby setaside. The petitioner/accused is hereby acquitted of the offence punishable under Section 138 of N.I.Act.