SRI. D.M.KRISHNAPPA Vs. SRI. M.CHANNAKESHAVA

JUDGEMENT

(1.) In this revision petition, Bangalore Mediation Centre has forwarded a settlement report dated 27.06.2018 reporting terms of settlement between the parties. Memorandum of settlement is under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, wherein it is stated that the revision petitioner has to pay Rs. 4,50,000/- which is the subject matter of the revision petition which is preferred by the petitioner. The revision petitioner conceding to the said amount, further has deposited an amount of Rs. 1,20,000/- before the trial court and the respondent can withdraw the said amount from the trial court for which he has no objection. It is further stated that the amount of Rs. 1,20,000/- has been deposited as the revision petitioner has agreed to pay balance of Rs. 3,30,000/- in three instalments of Rs. 1,10,000/- each. The 1st instalment of Rs. 1,10,000/- shall be paid on or before 3rd August, 2018, the 2nd instalment of Rs. 1,10,000/- shall be paid on or before 12th September, 2018 and the 3rd instalment of Rs. 1,10,000/- shall be paid on or before 22nd October, 2018. This is the mode of settlement between the parties and the same has been incorporated in the memorandum of settlement under Section 89 of CPC as filed by the petitioner and the respondent. Both the parties have subscribed their signatures to said settlement.

(2.) The mediation report is hereby accepted in this revision petition. Consequently, the judgment of the First Appellate Court in Crl.A.No.26/2013 dated 12.08.2013, as confirmed the judgment of conviction by the trial court in C.C.No.730/2010 dated 04.04.2013 are hereby set aside. Consequently, the accused is acquitted of the offence under Section 138 of Negotiable Instruments Act. Accordingly, the revision petition is disposed of.