Smt. K.P. Suma vs M.P. Chandregowda
2022 Latest Caselaw 2196 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 10 T H DAY OF FEBRUARY, 2022

                        BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

 CRIMINAL REVISION PETITION NO.136 OF 2015


BETWEEN:

Smt. K.P.Suma,
W/o Narayana Gowda,
D/o T.K.Putte Gowda,
Aged about 56 years,
Dabbe Village, Arehalli Hobli,
Belur Taluk-573115.
                                           ...Petitioner
(By Sri T.P.Ravishankar, Ad vocate)

AND:

M.P.Chand regowda,
S/o Puttaswamy Gowda,
Aged about 61 years,
Mud igere Nursery,
Belur Road, Mud igere,
Represented by his SPA Holder,
M.S.Gop ala Gowd a,
S/o M.K.Sheshegowda,
Major, Advocate & Coffee Planter,
Mud igere-577132.
                                         ...Respondent
(By Sri K.Prad eep Naik, Advocate)


     This Criminal Revision Petition is filed under
Section 397 read with 401 of Cr.P.C., praying to set
aside the judgment and the order of conviction and
sentence dated 11.12.2014 p assed by the learned I
Additional District and Sessions Judge at Chikmag alur
                              :: 2 ::


in Crl.A.No.272/2013 thereby dismissing the ap peal
and confirming the judgment and order of conviction
and sentence dated 08.08.2013 passed by the
Princip al  Civil Judge    and   JMFC,    Mudig ere  in
C.C.No.530/2008        thereby     convicting       the
petitioner/accused for the offences punishab le under
Section 138 of the N.I.Act, 1881 and etc.

    This Criminal Revision Petition coming on                   for
Hearing this d ay, the Court mad e the following:


                         ORDER

Learned counsel for the petitioner Sri

T.P.Ravishankar and the learned counsel for the

respondent Sri K.Pradeep Naik are present before

the Court.

2. On 28.10.2021, an order was passed

directing the parties to appear before the

Mediation Centre, Mudigere, in order to explore

the possibility of settlement. Accordingly, the

parties appeared before the Mediation Centre and

they were able to arrive at a settlement. The

Mediation Centre, Mudigere, has submitted a

report along with terms of settlement.

:: 3 ::

3. The report shows that the

petitioner/accused agreed to pay Rs.4,50,000/- to

the respondent/complainant in the following

manner:

i. The complainant was permitted to withdraw Rs.1,50,000/- deposited by the accused in the Court of Magistrate, Mudigere; and

ii. That the son of the petitioner, namely, B.N.Rajeev, should issue two cheques for Rs.1,50,000/- each.

4. Today, Sri K.Pradeep Naik, counsel for

the respondent submits that the petitioner's son

issued two cheques as agreed, and that those

cheques have been encashed. He seeks

permission to withdraw Rs.1,50,000/- available in

deposit in the Court of Magistrate at Mudigere.

Thus the terms of settlement have been complied

with.

:: 4 ::

5. In view of the settlement between the

parties by way of mediation, the offence under

Section 138 of the Negotiable Instruments Act

(N.I.Act) may be compounded under Section 147

of N.I.Act. In this view, exercising powers under

Section 147 of N.I.Act, the offence is compounded.

Sentence imposed on the petitioner by the learned

Magistrate and confirmed by the learned Sessions

Judge is set-aside. The petitioner is acquitted of

the offence punishable under Section 138 of

N.I.Act.

The respondent is permitted to withdraw

Rs.1,50,000/- from the Court of Magistrate at

Mudigere.

Sd/-

JUDGE

Kmv/-