THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF FEBRUARY, 2015

BEFORE

THE HON’BLE MR. JUSTICE G.NARENDAR

CRIMINAL REVISION PETITION NO. 441 OF 2013

BETWEEN:

K.V.SUNDAR NAIDU

S/O K.VARADAPPA

AGED ABOUT 33 YEARS

PROPRIETOR

M/S. EMBASSY PROJECTS AND

INFRASTRUCTURE

NO.168, 1^ST FLOOR

1^ST MAIN, SHESHADRIPURAM

BANGALORE – 560 001 ... PETITIONER

(BY SRI. GIRISH. B. BALADARE, ADV.,)

AND

K.D.MOHAN, S/O K.M.DEVARAJ

AGED ABOUT 35 YEARS

COFFEE PLANTAR

KAREMANAE VILLAGE

JOLDAL POST CHIKKAMAGALUR TQ

AND DISTRICT – 572 310

... RESPONDENT

(RESPONDENT IS SERVED)

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THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 AND 401 OF CR.P.C., PRAYING TO

SET ASIDE THE ORDER DATED 25.02.2013 PASSED BY

THE P.O., F.T.C., CHIKMAGALUR IN CRL.A.NO.209/2012

AND ORDER DATED 03.11.2012 PASSED BY THE 2^ND

ADDITIONAL C.J. AND J.M.F.C., CHIKMAGALUR IN

C.C.NO.1236/2010 AND THE PETITIONER TO BE

ACQUIRED FOR THE OFFENCE ALLEGED AGAINST

HIM.

THIS PETITION COMING ON FOR ADMISSION

THIS DAY, TH E COURT PASSED THE FOLLOWING:

ORDER

Petitioner is the accused, aggrieved by the order of

conviction passed by the Second Additional Civil Judge, JMFC,

Chickmangaluru, in C.C. No.1236/2010 has filed this petition. In

the said order accused has been sentenced to pay a fine of

Rs.5,000/- and to pay compensation of Rs.3,50,000/- under

Section 357 (3) of CRPC and in default of payment of the fine is

directed to undergo simple imprisonment for the period of one

month.

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2.

The complainant approached accused to purchase a

site and both entered into a sale agreement dated 19.03.2008 and

accused received a sum of Rs.3,50,000/- as advance and also

assured to obtain approval from BIAAPA and other concerned

authorities. But the accused fail to do so and the complainant

thereafter demanded to return/refund the advance amount for

which the accused issued a cheaque bearing No.686814 dated

3.05.2010 drawn on ICICI Bank, Kumara Park Branch,

Bangalore. When the complainant presented the cheque, the

same was returned with a banker’s memo “funds insufficient”.

3.

There upon the complainant initiated proceedings

before the Trail Court. After the trial, the accused- petitioner

herein suffered an order of conviction. Aggrieved by the same he

preferred an appeal before the FTC at Chickmangaluru. The

Appellate Court after hearing the parties, by its judgment and

order dated 25.02.2013 confirmed the order of conviction passed

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by the Trial Court. Aggrieved by the same, the petitioner has

preferred the above Crl. Revision petition.

4.

In the interregnum, complainant has also preferred

suit for recovery of money which came to be registered in O.S.

No.12/2013. The said suit was filed on 22.01.2013 for the

recovery of the sum of Rs.5,13,500/- being the Principle amount

due along with interest. The matter was placed before the Lok

Adalath complainant and the accused-petitioner herein have filed

compromise petition under Order 23 Rule 3 of CPC stating that

for amicable settlement of the dispute, they have sought for

decreeing the suit in terms of compromise petition. The plaintiff

ie. the complainant has consented before the Lok Adalath for

having present the appeal or revision petition being allowed, that

is, in assurances he would not contest this proceedings. In such an

eventuality further prosecution of this proceeding is an exercise in

fertility. Section 147 of Negotiable Instrument Act provided for

compounding of offence under the said Act. Accordingly, in view

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of the compromise arrived at by the parties, the judgment and

order of conviction dated 03.11.2012 passed by the Trial court in

C.C.No.1236/2010 on the file of 2^nd Additional C.J. and J.M.F.C.,

Chickmagalur and confirmed by the Appellate Court vide order

dated 25.02.2013 in Crl.A.No.209/2012, on the file of Presiding

Officer, Fast Track Court, Chi