Smt. G.R. Sandya Kumari vs M/S Maba Corporate Services Pvt. Ltd
2023 Latest Caselaw 10084 Kant

Citation : 2023 Latest Caselaw 10084 Kant
Judgement Date : 11 December, 2023

Karnataka High Court

Smt. G.R. Sandya Kumari vs M/S Maba Corporate Services Pvt. Ltd on 11 December, 2023

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                                                    CRL.RP No. 572 of 2023
                                                           NC: 2023:KHC:44959




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                       CRIMINAL REVISION PETITION NO.572 OF 2023
                   BETWEEN:

                      SMT. G.R.SANDYA KUMARI,
                      D/O LATE RANGAIAH,
                      AGE 65 YEARS,
                      R/AT NO.6, PATEL CHELUVAPPA STREET,
                      M.R. PALYA, (J.C.NAGAR),
                      BENGALURU - 560 006.
                                                                ...PETITIONER
                   (BY SRI. RAVINDRA PRASAD B, ADVOCATE)
                   AND:

                       M/S MABA CORPORATE SERVICES PVT. LTD.,
                       OFFICE NO.70, BAMANA, NEAR FARM HOUSE,
                       JALAHALLI EAST, VIDYARANYAPURA POST,
                       BENGALURU - 560 097.
                                                            ...RESPONDENT
                   (BY SRI. SHAMANNA B H, ADVOCATE)
Digitally signed        THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
by REKHA R
Location: High     CR.P.C PRAYING TO SET ASIDE THE ORDER DATED
Court of           04.05.2019, PASSED BY THE LX ADDITIONAL CITY CIVIL AND
Karnataka
                   SESSIONS      JUDGE,      BENGALURU     (CCH-61)    IN
                   CRL.A.NO.110/2016    CONFIRMING   THE   ORDER    DATED
                   06.01.2016 PASSED BY THE HON'BLE XXVII ADDITIONAL
                   CHIEF METROPOLITAN MAGISTRATE, NRUPATUNGA ROAD,
                   BENGALURU CITY, IN C.C.NO.10375/2013 AND FURTHER
                   DISMISS THE SAID COMPLAINT IN THE INTEREST OF JUSTICE.

                        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
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                                             CRL.RP No. 572 of 2023
                                                   NC: 2023:KHC:44959




                               ORDER

Petitioner/accused and respondent/complainant are

present.

Both learned counsel are present.

2. I.A.No.4/2023 is filed under Section 320 of

Cr.PC and R/W 147 N.I.Act along with joint affidavit filed

by the both parties and a copy of compromise petition filed

before the trial Court in O.S.No.4885/2011, on the file of

City Civil Judge, Bangalore and also a certified issued by

the respondent/complainant corporate institution. The

terms of the joint affidavit read as under:

i) We are petitioner and respondent in the above case. We have sworn to this affidavit knowing the facts and circumstance of the case.

ii) We state that the above Crl.Revision Petition was filed challenging the Order dated 04.05.2019 passed by the Hon'ble LX Additional City Civil and Sessions Judge, Bengaluru (CCH-

61) in Criminal Appeal No.110/2016 confirming the Judgment and Order of conviction and sentence dated 06.01.2016 passed by the Hon'ble XXVII Additional Chief Metropolitan

NC: 2023:KHC:44959

Magistrate, Nrupatunga Road, Bengaluru, in C.C.No.10735/2013.

iii) We State that, Smt. Sandya Kumari i.e., Petitioner in the instant Revision Petition is paid the full and final amount to the M/s. Maba Corporate Company Pvt. Ltd., Hence jointly we have filed the Compromise Petition before the Hon'ble Trial Court by discharging the entire liability. The copy of the Compromise Petition in OS No.4885/2011 and acknowledgment has been produced herewith as DOCUMENT No.1 and 2. Under these circumstances, it has become just and necessary to permit us to compound the offence and consequently set- aside the Judgment and Orders passed by the Courts below.

Wherefore, that the this Hon'ble Court may kindly be please to quash the Order dated 04.05.2019 passed by the Hon'ble LX Additional City Civil and Sessions Judge, Bengaluru (CCH-

61) in Criminal Appeal No.110/2016 confirming the Judgment and Order of conviction and sentence dated 06.01.2016 passed by the Hon'ble XXVII Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, in C.C.No.10735/2013, and consequently acquit the Petitioner.

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3. In the light of the compromise entered into

between the parties, I proceed to pass the following:

ORDER

Cr.PC and r/w 147 of N.I Act is hereby

allowed

ii) The Criminal Revision Petition is allowed.

iii) Impugned order dated 04.05.2019 in

Crl.A.No.110/2016 passed by the LX

Addl. City Civil and Sessions Judge,

(CCH-61) Bengaluru, by modifying the

judgment and order dated 06.01.2016

passed by the XXVIII Addl. Chief

Metropolitan Magistrate, Nrupathunga

road, Bangalore City in CC

No.10375/2013, are set aside.

Consequently petitioner/accused is

acquitted for the offence punishable

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under Section 138 of Negotiable

Instrument Act.

iv) Bail bond of the accused and Surety bond

shall stand cancelled.

Sd/-

JUDGE

ASN