Karnataka High Court
Smt. Anuradha Ramesh vs Sri Ullas Kumar Jain on 21 December, 2023
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CRL.RP No. 67 of 2020
NC: 2023:KHC:46827
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.67 OF 2020
BETWEEN:
SMT. ANURADHA RAMESH
W/O K RAMESH @ RAMESH ACHARYA
AGED ABOUT 44 YEARS
RESIDING AT NO.3, GROUND FLOOR,
PARANDHAMA NILAYA,
C/O SRI MUNIRAJU, TRANQUIL CITY,
BOMMASANDRA INDUSTRIAL AREA,
BENGALURU - 560 099
PRESENTLY RESIDING AT NO.162/4,
THIRUMALA NIVAS, 1ST FLOOR, BEHIND
JAYAKRISHNA COMPLEX, DODDABOMMASANDRA
BENGALURU - 560 097.
...PETITIONER
(BY SRI. SHAIK ISMAIL ZABIULLA, ADVOCATE)
Digitally signed
by REKHA R AND:
Location: High
Court of SRI. ULLAS KUMAR JAIN
Karnataka
S/O LATE N.D.YADAV,
AGED ABOUT 54 YEARS
RESIDING AT NO.8/11, KAMALA NIVAS,
1ST FLOOR, NEAR AYYAPPA MANDIR, LALJINAGAR,
5TH CROSS, LAKKASANDRA,
BENGALURU - 560 030.
...RESPONDENT
(BY SRI.ULLAS KUMAR JAIN, RESPONDENT-PARTY-IN-PERSON)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO a) SET ASIDE THE ORDER OF CONVICTION
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CRL.RP No. 67 of 2020
NC: 2023:KHC:46827
AND SENTENCE ORDER DATED 19.05.2016 PASSED BY THE
LEARNED XXII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BENGALURU CITY IN C.C.NO.6706/2015
AGAINST THE PETITIONER AND ALSO; b) SET ASIDE THE
ORDER OF CONVICTION AND SENTENCE DATED 29.06.2017
PASSED IN CRL.A.NO.717/2016 ON THE FILE OF THE LXI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-62) AND CONSEQUENTLY ACQUIT THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused and learned counsel for
petitioner/accused are present.
Respondent/complainant who is party-in-person is
present.
2. A joint compromise petition in the form of
interlocutory application (I.A.No.1/2023) is filed under
Section 320 of Cr.P.C r/w Section 147 of N.I.Act supported
by a joint affidavit duly signed by the petitioner/accused
and respondent/complainant/party-in-person. The terms
of the joint compromise petition (I.A.No.1/2023) reads as
under:
"1. The petitioner filed the above Revision
Petition challenging the validity and correctness
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of the conviction order dated 19th May 2016
passed on the file of the XXII Addl.Chief
Metropolitan Magistrate, Bangalore, in
C.C.No.6706/2015 and confirmed in
Crl.A.No.717/2016 on the file of the LXI
Addl.City Civil and Sessions Judge, Bangalore by
order dated 29.06.2017.
2. The Petitioner filed Interlocutory
application as I.A.No.2 for Suspension of the
sentence passed by the trial Court.
3. This Hon'ble Court after hearing the
arguments allowed the I.A.No.2/2020 filed for
the suspension of sentence and granted bail to
the petitioner.
4. The petitioner submits that while
allowing the I.A.No.2 filed by the petitioner this
Hon'ble Court directed the petitioner to deposit
50% of the fine amount (inclusive of the amount
already deposited, if any) and the Petitioner in
compliance of the order dated 24/01/2020
deposited Rs.7,00,000/- (Rupees Five Lakhs
only) before the trial Court and complied the
order dated 24th January 2020 passed by this
Hon'ble Court.
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5. The Petitioner submits that the
Complainant/Respondent had withdrawn
Rs.5,00,000/- (Rupees Five Lakhs only) out of
Rs.7,00,000/- (Seven Lakhs Rupees) which is
deposited before the Chief Metropolitan
Magistrate Court, Bangalore.
6. During the pendency of these
proceedings at the intervention of the well
wishers and friends of both parties, the parties
have entered into settlement of the issue and
Respondent has agreed to
compound/compromise the matter hence, the
present proceedings pertaining to
C.C.No.6706/2015 passed on the file of the XXII
Addl.Chief Metropolitan Magistrate, Bangalore,
confirmed in Crl.A.No.717/2016 on the file of the
LXI Addl.City Civil and Sessions Judge, Bangalore
by order dated 29.06.2017, subject to the
complainant may withdraw remaining 2,00,000/-
(Rupees Two Lakhs only) as full and final
settlement in respect of the entire lis to the
Respondent/complainant.
7. The Parties have now arrived at a
settlement in the above proceedings as per the
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above mentioned conditions, to close all the
above cases.
8. Both the parties agree that they have
no further claims against each other herein after.
It is also stated that there is no undue influence,
force or coercion in entering into this agreement
from anyone or anything and that such
settlement is reached by them from out of their
own free will and consent.
9. Both the parties agree that they shall
withdraw/close/compound all cases.
In view of the aforesaid agreement entered
into between the parties, the parties pray that
this Hon'ble Court be pleased to permit the
Petitioner and the Respondent NO.2 to
compound the offences and quash the Order of
sentence dated 19.05.2016 passed by the XXII
Addl.Chief Metroplitan Magistrate, Bangalore, in
C.C.No.6706/2015 and confirmed in
Crl.A.No.717/2016 by the LXI Addl.City Civil and
Sessions Judge, Bangalore by order dated
29.06.2017 in the ends of justice"
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3. The cheque amount is for Rs.7,00,000/- and
the trial Court has imposed fine in a sum of
Rs.14,00,000/-. However, the parties have compromised
for Rs.7,00,000/-. Out of the said amount, Rs.5,00,000/-
is deposited before the trial Court, which is already
withdrawn by the respondent/complainant. The
respondent is permitted to withdraw the remaining
Rs.2,00,000/- in deposit.
4. In the light of the compromise entered into
between the parties, the following:
ORDER
i) The Criminal Revision Petition filed under
Section 397 r/w Section 401 of Cr.P.C is
allowed.
ii) The impugned order dated 19.05.2016 in
C.C.No.6706/2015 on the file of XXII
Addl.Chief Metropolitan Magistrate,
Bengaluru and judgment and order dated
29.06.2017 in Crl.A.No.717/2016 on the
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file of LXI Addl. City Civil and Sessions
Judge, Bengaluru are set aside.
iii) Consequently, petitioner/accused is
acquitted for the offence punishable
under Section 138 of N.I.Act.
iv) His bail bond and surety bond stand
discharged.
v) The Registry is directed to send a copy of
this order to the trial Court forthwith.
Sd/-
JUDGE
RR
