Mrs. Sujatha vs Mr. H.M. Umesh
2021 Latest Caselaw 3011 Kant

                              1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF JULY, 2021

                          BEFORE

        THE HON'BLE MR. JUSTICE K. NATARAJAN

       CRIMINAL REVISION PETITION NO.103 OF 2020


BETWEEN:

       MRS. SUJATHA
       M/S. RUBY CREATIONS PROPRIETOR,
       W/O. MR. JAYAMOHAN,
       AGED ABOUT 42 YEARS,
       RESIDING AT KODANDARAMAREDDY BUILDING,
       3RD FLOOR, MANGAMMANAPALYA,
       BOMMANAHALLI,
       BENGALURU - 560 068.
                                           ... PETITIONER

       (BY SRI SANGAMESHWARAIAH K., ADV.)


AND:

       MR. H.M. UMESH
       S/O. H. MADAPPA
       AGED ABOUT 46 YEARS,
       C/O. ARPUDADSAA, RESIDING AT NO.224,
       MANGAMMANAPALYA VILLAGE,
       BOMMANAHALLI,
       BENGALURU - 560 068.
                                              ... RESPONDENT

       (BY SMT. SHWETHA DESHPANDE, ADV., FOR SRI G. PAPI REDDY)

                             ***
                              2


      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF THE CR.P.C. PRAYING
TO SET ASIDE THE JUDGMENT DATED 20-2-2019 PASSED BY
THE XIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BENGALURU, IN C.C. NO.29657 OF 2017 AND CONFIRMED BY THE
LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, IN CRIMINAL APPEAL NO.663 OF 2019 ON
27-12-2019.

    THIS CRIMINAL REVISION PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

Learned counsel for the petitioner-accused and the

learned counsel for the respondent-complainant along

with their respective parties are present before the Court.

2. Learned counsel appearing on both side submit

that they have filed I.A. No.1 of 2021, a joint compromise

application under Section 147 of the Negotiable

Instruments Act, 1881. In the said application, both the

parties submit that they have settled the dispute amicably

for Rs.2,10,000/-. Out of which, the petitioner has

already paid Rs.1,30,000/- and remaining Rs.80,000/- is

deposited before the Trial Court to be released to the

respondent.

3. The same is placed on record. Accordingly, I.A.

No.1 of 2021 is allowed.

4. In view of the compromise entered into between

the parties, the criminal revision petition is allowed.

5. The judgment of conviction and order on

sentence dated 20-2-2019 in Criminal Case No.29657 of

2017 passed by the XIX Additional Chief Metropolitan

Magistrate, Bengaluru, and confirmed by the LXXV

Additional City Civil and Sessions Judge, Bengaluru, in

Criminal Appeal No.663 of 2019 dated 27-12-2019 are

hereby set aside. The petitioner-accused is acquitted of

the charges leveled against her for the offence punishable

under Section 138 of the Negotiable Instruments Act,

1881.

6. Bail bonds, if any, shall stand cancelled.

The Trial Court is directed to release the amount of

Rs.80,000/- deposited by the petitioner to the respondent

on proper identification and acknowledgment.

Sd/-

JUDGE

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