Smt B K Vijayalakshmi vs Sri P M Madan Kumar
2021 Latest Caselaw 6206 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 15TH DAY OF DECEMBER 2021

                      BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

  CRIMINAL REVISION PETITION NO.1265/2018

BETWEEN

SMT B K VIJAYALAKSHMI
W/O SRI SRINIVASAMURTHY,
R/AT NO.6,7TH CROSS,
N R COLONY,
BENGALURU-560 019
                                      ...PETITIONER
(BY SRI R B SADASIVAPPA, ADVOCATE)

AND

SRI P M MADAN KUMAR
S/O SRI V M PADMARAJ
R/AT NO.17/1,WINDSER COURT
FLAT NO.003, MILLERS ROAD,
BENGALURU-560 048
                                     ...RESPONDENT
(BY SRI DILRAJ ROHIT SEQUEIRA, ADVOCATE)

      THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 17.10.2018 PASSED BY THE XIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, MAYO HALL, BANGALORE IN
CRL.A.NO.25081/2017 CONFIRMING THE JUDGMENT AND
SENTENCE DATED 27.04.2017 PASSED BY THE 14th
A.C.M.M.,    MAYO       HALL,    BANGALORE       IN
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C.C.NO.50893/2015 AND CONSEQUENTLY ACQUIT THE
PETITIONER/ACCUSED FOR THE ALLEGED OFFENCE P/U/S
138 OF N.I ACT.

    THIS CRIMINAL REVISION PETITION COMING ON
FOR REPORTING SETTLEMENT THIS DAY, THE COURT
MADE THE FOLLOWING:-

                          ORDER

Parties present with their respective counsels. Joint

Memo dated 15.12.2021, duly signed by the parties and

their respective counsels reads as under:

"The petitioner and the respondent submit that the matter in dispute in the above petition is mutually settled in the following terms at the intervention of this hon'ble Court and the well wishes of both the parties :-

(i)The petitioner shall pay Rs.16,00,000/- (Rupees Sixteen Lakhs only) in full and final settlement and the petitioner has deposited a sum of Rs.10,55,500/- as per the order of the Court and the petitioner has no objection to withdraw the same by the respondent.

(ii) The petitioner shall pay the balance amount of Rs.5,44,500/- (Rupees Five Lakhs

Forty four thousand five hundred only) in six instalments as detailed hereunder:-

a) I instalment of Rs.1,00,000/- on or before 31.01.2022.

b) II instalment of Rs.1,00,000/- on or before 28.02.2022.

c) III instalment of Rs.1,00,000/- on or before 31.03.2022.

d) IV instalment of Rs.1,00,000/- on or before 30.4.2022.

e) V instalment of Rs.1,00,000/- on or before 31.05.2022.

f) VI instalment of Rs.44,500/- on or before 30.06.2022.

Petitioner and respondent submit that they have no other claims against each other. The parties pray that this Hon'ble Court may be pleased to pass the acquittal order."

The contents of the Joint Memo is read over and

explained to the parties and depict true terms of

settlement. Hence, there is no impediment for this court

to dispose of the Revision Petition. Accordingly, pass the

following:

ORDER

(i) Criminal Revision Petition stands disposed of in terms of the Joint Memo.

(ii) It is made clear that if the instalment amount is not paid, as agreed in the Joint Memo, the order of the Trial Court automatically restored.

(iii) The respondent/complainant is permitted to withdraw the amount in deposit.

(iv) If the entire instalment amounts are paid, the accused stands acquitted of the charges levelled against him.

      (v)     Ordered accordingly.



                                              Sd/-
                                             JUDGE


PL*