Karnataka High Court
Smt Tara B M vs Sri H V Prabhakar on 13 April, 2023
Bench: S Vishwajith Shetty
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CRL.RP No. 1137 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 1137 OF 2019
BETWEEN:
SMT. TARA B.M.,
W/O. RAVINDRA SINGH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.9,
1ST MAIN, 1ST CROSS,
MANASA NAGAR,
NEAR MINI WATER TANK,
NAGARABHAVI,
Digitally BENGALURU-560 072.
signed by ...PETITIONER
GAYATHRI P
G (BY SRI. VIJAYAKUMAR G.BAGOJI, ADVOCATE)
Location:
High Court
of Karnataka AND:
SRI H.V.PRABHAKAR,
S/O VEERE GOWDA,
AGED ABOUT 43 YEARS,
PROPRIETOR
M/S. AMBIKA ASSOCIATES (REGD.)
HAVING THEIR OFFICE AT
NO.9/3. SRI. LAKSHMI COMPLEX,
OPPOSITE VIVEKANANDA PARK,
4TH PHASE, GIRINAGAR,
BENGALURU-560 085.
...RESPONDENT
(BY SRI. RAJAGOPALA NAIDU, ADVOCATE)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO ALLOW THIS CRIMINAL REVISION
PETITION AND SET-ASIDE THE JUDGMENT/ORDER DATED
09.08.2019 PASSED BY THE HON'BLE COURT OF 55TH ADDL.
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CRL.RP No. 1137 of 2019
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-56) IN
CRIMINAL APPEAL NO.525/2015 CONFIRMING THE JUDGMENT
DATED 12.03.2015 PASSED BY THE HON'BLE XXVII
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
NRUPATHUNGA ROAD, BENGALURU CITY, IN
C.C.NO.2754/2014 AND ACQUIT THE PETITIONER FROM THE
ALLEGED OFFENCE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This criminal revision petition under Section 397 of
Cr.P.C. is filed by the accused challenging the judgment
and order of conviction and sentence passed by the Court
of XXVII Addl. Chief Metropolitan Magistrate, Nrupathunga
Road, Bengaluru City in C.C.No.2754/2015 dated
12.03.2015 and the judgment and order dated 09.08.2019
passed in Crl.A.No.525/2015 by the Court of 55th Addl.
City Civil & Sessions Judge, Bangalore (CCH-56).
2. Learned counsel for the parties jointly submit
that the dispute between the parties has been amicably
settled during the pendency of this revision petition and
towards full and final settlement of the amount covered
under the cheque in question, the respondent/complainant
CRL.RP No. 1137 of 2019
has agreed to receive a sum of Rs.8,75,000/- from the
petitioner. They submit that having regard to the
settlement arrived between the parties, they have today
filed an application under Section 320 of Cr.P.C. read with
Section 147 of N.I. Act with a prayer to permit the parties
to compound the offence for which the petitioner has been
convicted and sentenced by the Courts below.
3. The said application which is signed by the
parties and their respective advocates is taken on record.
The relevant terms of the said application reads as follows:
"3. That in the intervention of well-wishers the
Petitioner and Respondent have settled their
dispute, that the Petitioner has agreed to pay
sum of Rs.8,75,000/- (Rupees Eight Lakhs and
Seventy Five Thousand Only) as full and final
settlement towards this case to the respondent.
4. That the Petitioner has deposited sum of
Rs.75,000/- (Rupees Seventy Five Thousand) in
C.C.No.2754/2014 before the Hon'ble XXVII
Addl Chief Metropolitan Magistrate, Bengaluru
City, at Bengaluru. The Petitioner has no
objection to release the said amount in favour of
the respondent.
CRL.RP No. 1137 of 2019
5. That the Petitioner has handed over
Rs.1,00,000/- (Rupees One Lakh Only) to the
Respondent on 10.04.2023 by way of cash.
6. That the Petitioner has handed over
Rs.1,00,000/- (Rupees One Lakh Only) to the
Respondent on 10.04.2023 by way of cash.
7. That the petitioner has agreed to remit the
amount of Rs.2,00,000/- (Rupees Two Lakhs
Only) to the account of Respondent namely
Sri.H.V.Prabhakar i.e. Account No.30884083828
having account in State Bank of India Bank,
SBM Colony Branch, Bengaluru (IFSC-
SBIN0040575) on or before 11.05.2023.
8. That the petitioner has agreed to remit the
amount of Rs.4,00,000/- (Rupees Four Lakhs
Only) to the account of Respondent namely Sri.
H.V.Prabhakar i.e. Account No.30884083828
having account in State Bank of India Bank,
SBM Colony Branch, Bengaluru (IFSC-
SBIN0040575) on or before 22.06.2023. If the
payment shown above is not paid to the
Respondent the Criminal Revision Petition can
be revoked.
9. That the Respondent is agreed to withdraw the
Suit filed by the Respondent against the
Petitioner in O.S.No.6035/2016 on the file of
Hon'ble City Civil and Sessions Court, Bengaluru
City, Bengaluru (CCH-14). That the Respondent
CRL.RP No. 1137 of 2019
is at liberty to seek refund of the Court Fee
while withdrawing O.S.No.6035/2016 on the file
of Hon'ble City Civil and Sessions Court,
Bengaluru City, Bengaluru (CCH-14)."
4. Having regard to the settlement arrived
between the parties, I am of the view that the parties are
required to be permitted to compound the offence for
which the petitioner has been convicted and sentenced by
the Courts below. Accordingly, the following:
ORDER
I.A.No.1/2023 filed by the parties under Section 320
of Cr.P.C. r/w Section 147 of N.I. Act is allowed and the
parties are permitted to compound the offence punishable
under Section 138 of N.I. Act for which the petitioner has
been convicted and sentenced by the Courts below.
Consequently, the criminal revision petition is
allowed and the judgment and order of conviction and
sentence passed by the Courts below against the
petitioner is set aside and the petitioner is acquitted of the
offence punishable under Section 138 of N.I. Act.
CRL.RP No. 1137 of 2019
Amount of Rs.75,000/- deposited by the petitioner
before the Court of XXVII Addl. Chief Metropolitan
Magistrate, Nrupathunga Road, Bengaluru City in
C.C.No.2754/2014 is permitted to be withdrawn by the
respondent/complainant.
It is made clear that in the event the petitioner fails
to comply the terms of the application insofar as it relates
to payment of the amount as stated in paragraphs 7 and 8
of the application, the respondent/complainant is at liberty
to file necessary application seeking revival of this order.
Sd/-
JUDGE
PGG
