Sri G M Vijay Kumar vs Smt G A Mangala
2021 Latest Caselaw 5395 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 3RD DAY OF DECEMBER, 2021

                      BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO. 703 OF 2021

BETWEEN:

SRI. G.M. VIJAY KUMAR
AGED ABOUT 34 YEARS
S/O. G. MATHAIAH
R/AT. NO.4/15,
SHIVAKAMINAGAR
P.R.C. COLONY,
THANAKANKULAM POST,
MADURAI-6, TAMIL NADU.
                                       ...PETITIONER
(BY SRI. C.M. JAGANATH, ADVOCATE FOR
    SRI. MUNISWAMY GOWDA S.G, )

AND:

SMT. G.A. MANGALA
AGED ABOUT 35 YEARS
C/O. SUBRAMANI
R/AT. NO.44, MADHU REDDY LAYOUT,
NEW CITY RANGE, KITTHAGANUR,
K.R.PURAM POST,
BANGALORE-560 011.
                                   ...RESPONDENT
(BY SRI. PAVAN KUMAR S. ADVOCATE FOR
    SRI. M.N. MADHUSUDHAN)
                                2

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER DATED
23.01.2020 PASSED BY THE XXVI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, MAYO HALL, BENGALURU IN
CRL.A.NO.25006/2018   THEREBY    DISMISSING    THE
CRIMINAL APPEAL FILED BY THE PETITIONER AND
CONFIRMING THE JUDGMENT OF CONVICTION AND
SENTENCE AND AWARD OF COMPENSATION AGAINST THE
PETITIONER DATED 03.01.2018 PASSED BY THE LVII
ADDL.C.M.M.,     MAYOHALL,      BENGALURU        IN
C.C.NO.53008/2014, WHEREBY THE PETITIONER FOR THE
OFFENCE P/U/S 138 OF N.I. ACT AND SENTENCING HIM
TO PAY A TOTAL FINE OF RS.8,55,000/- IN DEFAULT OF
PAYMENT OF FINE HE SHALL UNDERGO FURTHER S.I. FOR
1 YEAR, AND MODIFIED THE DEFAULT SENTENCE OF S.I.
FOR 1 YEAR IN RESPECT OF DEFAULT OF PAYMENT OF
COMPENSATION AND ORDERED THAT ACCUSED IN
DEFAULT TO PAY THE COMPENSATION AS ORDER, HAS TO
UNDERGO S.I. FOR 6 MONTHS AND CONSEQUENTLY
ALLOW THE PRESENT PETITION AND ACQUIT PETITIONER.

     THIS CRIMINAL REVISION PETITION COMING FOR
ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:-

                             ORDER

Petitioner and the learned counsel appearing for the

petitioner is present. On behalf of respondent,

respondent's counsel is present.

2. A joint memo is filed, which is signed by the

parties and their respective advocates.

3. The contents of the joint memo is read over

and explained to the parties and they have agreed that the

contents depicts the true terms of settlement.

Accordingly, there is no impediment for this Court to

dispose of the revision petition placing the joint memo on

record.

4. Accordingly, pass the following:

ORDER

i. The Criminal Revision Petition stands disposed of in terms of the joint memo.

ii. Amount-in-deposit is permitted to be withdrawn by the complainant.

iii. The entire amount having been paid, the accused stands acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

Sd/-

JUDGE

AG