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H.T. Harish vs K. Krishnamurthy

Karnataka High Court · Decided on 5 February 2024 · Citation: (2024) 02 KAR CK 0005

HON’BLE JUDGES
S Rachaiah, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 — Section 138, 147
RESULT
Disposed Of
CASE NUMBER
Criminal Revision Petition No. 78 Of 2016
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Judgment

13 paragraphs · 352 words

S Rachaiah, J

1.

Heard Shri Avin T.H., learned counsel for the petitioner and Shri I.S.Pramod Chandra, learned counsel for the respondent.

2.

Both learned counsels submit that the parties have settled the dispute amicably and filed a compromise petition of even date under Section 147 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’) along with an affidavit. The same are taken on record.

3.

The petitioner and the respondent are present and are identified by their respective counsels. The compromise petition is duly signed by the petitioner, the respondent and their respective counsels. Paragraph No.2 of the compromise petition reads thus:

“ 2. That the Peitioner and the Respondent got this matter compromised and the Petitioner has agreed to pay a sum of Rs.50,000/- to the Respondent by way of Demand Draft bearing No.392530 dated 05-02-2024 drawn on the Karnataka Bank, City Civil court Branch, Bengaluru in favour of the Respondent. The Petitioner is issuing the Demand Draft before this Hon’ble court to the Advocate for Respondent, on behalf of the Respondent.”

4.

In terms of the averments stated above, the parties have settled the matter amicably and sought to dispose of the matter as per the terms and conditions stated above. Their submission is placed on record.

5.

On perusal of the above said terms and conditions and also considering the offence which is punishable under Section 138 of the N.I. Act, which is compoundable in nature, there is no embargo to this Court to record the compromise in terms as stated supra.

6.

Accordingly, I proceed to pass the following:

ORDER

(i) The Criminal Revision Petition stands disposed of in terms of the compromise.

(ii) The judgment of conviction and order of sentence dated 24.07.2013 in C.C.No.2022/2005 passed by the I Additional Civil Judge and J.M.F.C., at Chikkamagalur and its confirmation judgment and order dated 30.11.2015 passed in Crl.A.No.263/2013 by the II Additional District and Sessions Judge at Chikkamagaluru, are set aside.

(iii) The petitioner / accused is acquitted for the offence punishable under Section 138 of N.I. Act.

(iv) Bail bond executed, if any, stands cancelled.