Karnataka High Court
Smt Savitha vs Smt Leelavathi P B on 20 November, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:47984
CRL.RP No. 89 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 89 OF 2024
BETWEEN:
SMT. SAVITHA,
AGED 47 YEARS,
W/O DEEPU,
WORK AS CONDUCTOR,
BMTC II DEPOT, TOKEN NO 8617
SHANTHINAGAR,
BANGALORE 560 027.
...PETITIONER
(BY SRI G.V. DAYANANDA, ADVOCATE)
AND:
SMT. LEELAVATHI P B.,
AGED 48 YEARS,
D/O BOREGOWDA,
37/B, 7TH CROSS, AZADNAGAR,
BANGALORE 560 018.
Digitally signed by AND ALSO WORKING AS A CONDUCTOR
GEETHAKUMARI
PARLATTAYA S BMTC, 2ND DEPOT, T.NO.9108,
Location: High SHANTINAGAR,
Court of Karnataka BENGALURU - 560 027.
...RESPONDENT
(BY SRI MOHAN V.K., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER OF CONVICTION DATED 16.09.2021
MADE IN C.C.NO.23222/2018 BY THE COURT OF XX A.C.M.M
AT BENGALURU AND THE ORDER OF DISMISSED FOR DEFAULT
DATED 10.10.2023 MADE IN CRL.A.NO.722/2021 BY THE
COURT OF LXVII ADDL.CITY CIVIL AND SESSIONS COURT AT
BENGALURU.
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NC: 2025:KHC:47984
CRL.RP No. 89 of 2024
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgment dated 10.10.2023 passed by LXVII Addl. City Civil & Sessions Judge, Bengaluru (CCH-68) in Crl.A.no.722/2021 confirming judgment of conviction and order of sentence dated 16.09.2021 passed by XX ACMM, Bengaluru, in C.C.no.23222/2018, this revision petition is filed.
2. Learned counsel for parties jointly submitted that during pendency of revision petition, parties have settled matter for Rs.2,80,000/- in final and full settlement of respondent's claim under cheque in question. It is further stated that a sum of Rs.64,000/- on 24.12.2021, Rs.96,000/- on 20.01.2025 and Demand draft dated 27.10.2025 for Rs.1,00,000/-were deposited before trial Court and balance of Rs.20,000/- would be paid on or before 29.11.2025. It is also agreed between parties in case of failure to pay balance amount, petitioner would be liable to pay Rs.40,000/- to -3- NC: 2025:KHC:47984 CRL.RP No. 89 of 2024 HC-KAR respondent. A joint memo to that effect is filed today. Terms of which reads as under:
"JOINT MEMO On the advise of well wishers of both the parties before this Hon'ble Court settled for a sum of Rs.2,80,000/- Rs.Two Lakhs Eighty Thousand only.
The petitioner already deposited before XX ACMM, Bangalore in CC No.23222/2018 i.e., Rs.64,000/- on 24.12.2021, Rs.96,000/- on 20.01.2025, Rs.1,00,000/- D.D. 27.10.2025 Balance of Rs.20,000/- to be deposited as on before 29.11.2025, failing which Rs.40,000/- Rupees Forty Thousand to be paid by petitioner to the respondent."
4. Perused terms of joint memo. Same is taken on record.
5. Petitioner and respondent are present and identified by their respective counsel. On interaction, they have stated that terms of joint memo were explained to them and after understanding same, they have affirmed it out of their free will and volition, without there being any threat, coercion or undue influence from anybody. Settlement is duly signed by both parties, whose signatures are identified by their respective counsel.
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NC: 2025:KHC:47984 CRL.RP No. 89 of 2024 HC-KAR
6. In view of terms of joint memo, this Criminal Revision Petition is disposed of; judgments dated 10.10.2023 passed by LXVII Addl. City Civil & Sessions Judge, Bengaluru (CCH-68) in Crl.A.no.722/2021 confirming judgment of conviction and order of sentence dated 16.09.2021 passed by XX ACMM, Bengaluru, in C.C.no.23222/2018 are set aside.
It is made clear that in case of failure to comply with terms of joint memo, accused would be liable to pay fine amount as ordered by trial Court.
Trial Court is directed to release amount in deposit in favour of respondent-complainant.
Registry to transmit trial Court records back .
Sd/-
(RAVI V HOSMANI) JUDGE PSG List No.: 1 Sl No.: 46