Rashmi P vs R S Gopal Singh
2022 Latest Caselaw 5194 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.176/2021

BETWEEN:

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

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

R.S.GOPAL SINGH
S/O SUBBA SINGH
RESIDING AT NO 141
JAIBHAVANI NILAYA
80 FEET ROAD, 11TH CROSS
MAHALAKSHMINAGAR,
TUMAKURU-572101.                         ...RESPONDENT

            (BY SRI S.G.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 PASSED BY THE PRL. CIVIL JUDGE AND
JMFC-1 AT TUMAKURU IN C.C.NO.5122/2013 DATED 24.11.2018
AND ALSO SET ASIDE THE JUDGMENT PASSED BY THE II
ADDITIONAL    SESSIONS    JUDGE    AT   TUMAKURU     IN
CRL.A.NO.75/2018 DATED 02.03.2020.
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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.1,65,000/- and fine of

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

has already deposited an amount of Rs.87,500/- before the Trial

Court and the remaining balance amount, including the fine

payable is Rs.79,500/- and in terms of the joint memo, the

petitioner has agreed to pay the same by cash before the Trial

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.87,500/-. Hence, the Trial Court is directed to release the

amount of Rs.85,500/- 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.85,500/- 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