Smt Halamma vs Mr N Manjunatha
2023 Latest Caselaw 5985 Kant

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                                                    NC: 2023:KHC:30519
                                                CRL.RP No. 632 of 2019




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 28TH DAY OF AUGUST, 2023

                                      BEFORE
                       THE HON'BLE MR JUSTICE S RACHAIAH
                 CRIMINAL REVISION PETITION NO. 632 OF 2019


              BETWEEN:

              SMT. HALAMMA,
              W/O. VENKATESH,
              AGED ABOUT 40 YEARS,
              TEACHER,
              R/O BEKKINAKALMATA HIGH SCHOOL,
              ANANDAPURA, SAGAR TQ,
              SHIVAMOGGA - 577 201.
                                                          ...PETITIONER
              (BY SRI. H. MALATESH, ADVOCATE)

              AND:

              MR. N. MANJUNATHA,
Digitally
signed by N   S/O. NANJUNDAPPA,
UMA
              AGED ABOUT 44 YEARS,
Location:
HIGH
COURT OF
              R/O 2ND CROSS,
KARNATAKA     KAMAKSHI STREET,
              SHIVAMOGGA - 577 201.
                                                         ...RESPONDENT
              (BY SRI. LAKSHMIPATHY D.G., ADVOCATE FOR
                  SRI. G.S. BALAGANGADHARA, ADVOCATE)

                    THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
              PRAYING TO A. SET-ASIDE THE JUDGMENT OF CONVICTION
              DATED 28.11.2018 PASSED BY THE III ADDITIONAL CIVIL
              JUDGE AND JMFC, SHIVAMOGGA IN C.C.NO.1824/2016 AND
              ETC.,
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                                               NC: 2023:KHC:30519
                                          CRL.RP No. 632 of 2019




     THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:



                            ORDER

1. Learned counsel for the respective parties have filed

joint memo stating that the matter is settled out of the

Court and prays to close the matter.

2. The averments of the joint memo reads thus:

"It is submitted that the parties in above case amicably settled this disputes and the Petitioner/Accused is ready to pay the cheque amount of Rs.88,000/-.

The petitioner already deposited Rs.51,000/- before the trial court and she doesn't have any objection to withdraw by the respondent.

In the last date of hearing petitioner paid Rs.10,000/- and remaining Rs.27,000/- is paying today. Hence case may kindly be closed."

3. On perusal of the above averments, there is no

embargo for this Court to record the compromise or close

the matter since the alleged office punishable under

NC: 2023:KHC:30519 CRL.RP No. 632 of 2019

Section 138 of the Negotiable Instruments Act is

compoundable in nature. Hence, I proceed to pass the

following :

ORDER

1. Criminal Appeal is disposed of in terms of

compromise.

2. The judgment dated 28.11.2018 in C.C.

No.1824/2016 on the file of the III Addl. Civil Judge and

JMFC, Shivamogga and its confirmation Order dated

04.04.2019 in Crl.A.No.155/2018 on the file of the III

Addl. Sessions Judge, Shivamogga are hereby set-aside.

3. The petitioner is acquitted for the offence punishable

under Section 138 of the Negotiable Instruments Act.

4. Bail bond executed, if any, stands cancelled.

5. The Trial Court is directed to release the amount

deposited, if any, in favour of the respondent/complainant

on proper identification, as per the Order of this Court.

NC: 2023:KHC:30519 CRL.RP No. 632 of 2019

In view of disposal of the Criminal Revision Petition,

I.A.No.1/2023 does not survive for consideration.

Accordingly, disposed of.

Sd/-

JUDGE

SNC