Karnataka High Court
Smt S Latha vs M/S Karnataka Merchants Finance (Regd) on 18 December, 2023
-1-
CRL.RP No. 578 of 2021
NC: 2023:KHC:46138
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.578 OF 2021
BETWEEN:
SMT S LATHA
W/O D PUTTASWAMY
AGED ABOUT 44 YEARS,
R/AT NO.241/4 NEW NO.188
5TH CROSS KUMARAMMA ROAD,
LAKSHMIPURA
HANUMANTHANAGAR
BENGALURU - 560 019
...PETITIONER
(BY SRI. SUNEEL S NARAYAN, ADVOCATE)
AND:
M/S KARNATAKA MERCHANTS FINANCE (REGD)
PARTNERSHIP FIRM
OFFICE AT NO.565 2ND FLOOR
Digitally signed
H M T LAYOUT, 2ND BLOCK
by REKHA R 8TH MAIN ROAD, VIDYARANYAPURA
Location: High BENGALURU - 560 018
Court of
Karnataka ...RESPONDENT
(BY SRI. K.V.HARISH, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 OF CR.P.C
PRAYING TO a) SET-ASIDE THE JUDGMENT DATED 16.03.2021
PASSED IN CRIMINAL APPEAL NO.1198/2019 ON THE FILE OF
THE HON'BLE LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE
AT BENGALURU CITY (CCH.NO.68) AND SET-ASIDE THE ORDER
DATED 15.04.2019 PASSED IN C.C.NO. 17921/2017 BEFORE
XX ADDL. JUDGE COURT OF SMALL CAUSES AND XVIII ADDL.
C.M.M. BENGALURU; b) PASS SUCH OTHER OR OTHER ORDER
AS THIS HON'BLE COURT MAY DEEMS FIT TO GRANT IN THE
-2-
CRL.RP No. 578 of 2021
NC: 2023:KHC:46138
CIRCUMSTANCES OF THE CASE, TO MEET THE ENDS OF
JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
A joint memo/compromise petition is filed under
Section 320 r/w Section 147 of Cr.P.C. supported by a
joint affidavit duly signed by the petitioner/accused and
representative of respondent Institution. The terms of the
joint memo/compromise petition reads as under:
"GPA holder of respondent herein filed a
complaint against petitioner herein for the
offence punishable under Section 138 of N.I.Act
before Hon'ble trial Court (SCCH-22) vide
C.C.No.17291/2017. The trial Court its order
dated 15.04.2019 allowed the complaint
directing the petitioner/accused to pay
Rs.2,90,000/- compensation amount and
Rs.10,000/- fine amount and also sentence to
undergo simple imprisonment for period of six(6)
months. The accused/petitioner herein
challenged the said order before Hon'ble
Sessions Court in Crl.A.No.1198/2018 before
CCH-68. The Sessions Court through its order
NC: 2023:KHC:46138
dated 16.03.2021 dismisses the appeal and
confirmed the trial Court order.
The petitioner/accused herein has settled the
matter and she has paid compensation amount
of Rs.2,90,000/- as order by the trial Court,
Rs.2,50,000/- by way of DD.No.024595 and
Rs.40,000/- by way of cash. The
respondent/complainant has received the entire
compensation amount and he has further no
claims against accused/petitioner.
The respondent/complainant received the
entire compensation amount hence, does not
wish to continue the proceedings/sentence
passed by the trial against the
petitioner/accused.
Wherefore both the parties herein humbly
pray that this Hon'ble Court may be pleased to
modify the sentence passed in
C.C.No.17921/2017 passed by the Hon'ble trial
Court (SCCH-22) and confirmed by the Hon'ble
Sessions Court (CCH-68) in Crl.A.No.1198/2018
in the interest of justice and equity."
NC: 2023:KHC:46138
In the light of the compromise entered into between
the parties, the following:
ORDER
i) The Criminal Revision Petition filed under
Section 397 of Cr.P.C is allowed.
ii) The impugned order dated 15.04.2019 in
C.C.No.17921/2017 on the file of XVIII
Addl.Chief Metropolitan Magistrate &
MACT, Bengaluru City and judgment and
order dated 16.03.2021 in
Crl.A.No.1198/2019 on the file of LXVII
Addl.City Civil and Sessions Judge,
Bengaluru City are set aside.
iii) Consequently, petitioner/accused is
acquitted for the offences punishable
under Section 138 of N.I.Act.
iv) Her bail bonds stand discharged.
v) The Registry is directed to send a copy of
this order forthwith.
Sd/-
JUDGE
RR
