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Judgment
15 paragraphs · 379 wordsJ.M. Khazi, J
Both petitioner and respondent and their respective counsel present.
A compromise petition in the form of joint memo is filed. As per the terms of the joint memo, the respondent acknowledged the receipt of demand draft of Rs.2,00,000/-.
The terms and conditions of the joint memo are as under:
"1. It is submitted that the Petitioner had preferred this revision under Section 397 R/W Section 401 CR.P.C. praying to set aside the judgement passed in CC.No.3843/2011 dated 30.03.2016 on the file of XVIII Addl.C.M.M. Court Bengaluru City and confirmed by the Appellate Court in Crl.A.No.526/2016 dated 04.02.2019 on the file of LXIV Addl. City Civil and Sessions Judge, Bengaluru City.
The petitioner/Accused had proposed to compromise the matter by paying a sum of Rs.6,37,500/- (Rupees Six lakhs Thirty Seven Thousand Five Hundred only) and the Respondent Complainant had agreed to receive the same as full and final settlement.
The Petitioner/Accused had initially deposited a sum of Rs.4,37,500/- (Rupees Four Lakhs Thirty Seven Thousand Five Hundred only) before the trail court and the same was withdrawn and realised by the Respondent and remaining a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) is paid to the Respondent through DD.No.622817 dated 28.04.2025 drawn from Union Bank, R.T.Nagar Main, Bengaluru.
Both the parties have mutually agreed and signed this compromise petition.
Wherefore, the petitioner and Respondent respectfully prayed that this Hon'ble court may kindly be pleased to pass appropriate orders by accepting the compromise, in the interest of justice and equity."
The terms and conditions of the compromise petition are legal and equitable. Placing the joint memo on record, the revision petition stand disposed of in terms thereof, Accordingly, following:
ORDER
(i) The petition filed under Section 397 r/w Section 401 of Cr.P.C is allowed.
(ii) The judgment and order dated 30.03.2016 in C.C.No.38043/2011 on the file of XVIII Addl.Chief Metropolitan Magistrate, Bengaluru and order dated 04.02.2019 in Crl.A.No.526/2016 on the file of LXIV Addl. City Civil and Sessions Judge, (CCH-65) Bengaluru, are set aside.
(iii) Petitioner/accused is acquitted for the offence punishable under Section 138 of N.I. Act.
(iv) The Registry is directed to send back the trial Court as well as Sessions Court records along with copy of this order forthwith.