Smt. K N Renuka vs Sri. M S Narayanappa
2022 Latest Caselaw 5107 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 21ST DAY OF MARCH, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

         CRIMINAL REVISION PETITION NO.1434/2018

BETWEEN:

SMT. K.N.RENUKA
W/O LATE NATARAJ
AGED ABOUT 58 YEARS
BSNL TELEPHONE EXCHANGE OFFICE
SWITCH ROOM
NEAR MANUVANA BUS STOP
VIJAYANAGARA
BENGALURU-560040.                         ... PETITIONER

              (BY SRI H.J.ANANDA, ADVOCATE)
AND:

SRI M.S.NARAYANAPPA
S/O SHIVANANJAPPA
AGED ABOUT 65 YEARS
NO.756, 2ND CROSS
SANJEEVINI NAGAR, 3RD STAGE
NEAR ABHILASH TAILOR
OM SHAKTHI TEMPLE ROAD
HEGGANAHALLI, VISHWANEEDAM POST
BENGALURU-560 091.                       ... RESPONDENT

              (BY SRI A.DEVARAJA, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W. SECTION 401 OF CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT DATED 18.09.2018, PASSED
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IN CRIMINAL APPEAL NO.237/2016 BY THE COURT OF THE LXVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY (CCH.NO.68) AND ALSO TO SET ASIDE THE JUDGMENT
DATED 29.01.2016 PASSED IN C.C.NO.13327/2013 BY THE
COURT OF THE VII ADDITIONAL JUDGE AND XXXII ACMM
COURT OF SMALL CAUSES, BENGALURU.

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

                           ORDER

Both parties and their respective counsel, are present

before the Court and filed an application under Section 147 of

the N.I.Act, seeking permission to compound the offence.

2. A joint memo is filed and it is duly signed by both

the parties and their respective counsel, stating that the matter

has been settled between the parties amicably for a sum of Rs.5

Lakhs as full and final settlement. Out of Rs.5 Lakhs, a sum of

Rs.2,25,000/- has been deposited before the Trial Court and the

respondent is at liberty to withdraw the same, for which the

petitioner is not having any objection. The petitioner has also

paid a sum of Rs.2 Lakhs by way of demand draft bearing

No.721173 drawn on SBI dated 19.02.2020 in favour of the

respondent before this Court. Apart from that, the balance

amount of Rs.75,000/- is paid by way of cash before the Court in

terms of the settlement.

3. The joint memo is accepted and permitted to

compound the offences.

4. In view of allowing the application filed under Section

147 of the N.I.Act, the accused/petitioner is acquitted for the

offence punishable under Section 138 of the N.I.Act. The

learned counsel for the petitioner states that he has no objection

in terms of the Joint Memo to withdraw the amount by the

respondent. The respondent is permitted to withdraw the

amount before the Trial Court, which is in deposit, on proper

identification.

5. Accordingly, the petition stands disposed of.

Sd/-

JUDGE

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