Rashmi P vs Mallikarjunaiah S
2022 Latest Caselaw 5193 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 22ND DAY OF MARCH, 2022

                          BEFORE

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

       CRIMINAL REVISION PETITION NO.180/2021

BETWEEN:

RASHMI P.,
D/O. PANDURANGASWAMY
AGED ABOUT 38 YEARS,
RESIDNG AT WEST II CROSS
SIDDARAMESHWARA EXTENSION
BATAWADI, TUMAKURU-572101.                 ...PETITIONER

            (BY SRI H.ASHOK KUMAR ADVOCATE,)
AND:

MALLIKARJUNAIAH S.,
S/O SHIVAPRAKASH
R/AT MALLIKARJUNA KRUPA
MAHALAKSHMINAGARA
(KHADAR NAGARA)
80 FEET ROAD, BATAWADI
TUMAKURU-572101.                         ...RESPONDENT

              (BY SRI CHAKRAPANI, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W. SECTION 401 OF CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT DATED 24.11.2018 PASSED BY THE
PRINCIPAL CIVIL JUDGE AND J.M.F.C. - 1, TUMAKURU IN
C.C.NO.5106/2013 AND ALSO SET ASIDE THE JUDGMENT
DATED 02.03.2020 PASSED BY THE II ADDITIONAL SESSIONS
JUDGE, TUMAKURU IN CRL.A.NO.74/2018.
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    THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The parties have filed the application in I.A.No.1/2022

under Section 320 read with Section 147 of Negotiable

Instruments Act and sought for permission to compound the

offence.

2. The parties have also filed a joint memo. In terms of

the joint memo, the parties have agreed to settle the matter by

paying the cheque amount of Rs.1,85,000/- and fine of

Rs.2,000/-. In terms of the direction of this Court, the petitioner

has already deposited an amount of Rs.97,500/- before the Trial

Court and the remaining balance amount, including the fine

payable is Rs.89,500/- and in terms of the joint memo, the

petitioner has agreed to pay the same by cash before this Court,

as agreed.

3. In view of the joint memo filed by the parties,

I.A.No.1/2022 filed under Section 320 read with Section 147 of

the Negotiable Instruments Act is allowed and the petitioner is

permitted to compound the offence. Consequently, petitioner-

accused is acquitted for the offence punishable under Section

138 of N.I. Act.

4 The amount already in deposit is to the tune of

Rs.97,500/-. Hence, the Trial Court is directed to release the

amount of Rs.95,500/- to the respondent and the remaining

amount of Rs.2,000/- shall vest with the State in terms of the

order of the Trial Court. The petitioner is not having any

objection to release the amount to the tune of Rs.95,500/- in

favour of the respondent.

5. The office is directed to return the Trial Court

Records to the Trial Court, forthwith.

Accordingly, in terms of the joint memo, the petition is

disposed of.

Sd/-

JUDGE

ST