Sri Manjunatha R vs Smt M N Shylaja
2023 Latest Caselaw 9018 Kant

Karnataka High Court

Sri Manjunatha R vs Smt M N Shylaja on 1 December, 2023

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                                                CRL.RP No. 328 of 2021
                                                      NC: 2023:KHC:43384




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 1ST DAY OF DECEMBER, 2023

                                      BEFORE
                       THE HON'BLE MS JUSTICE J.M.KHAZI
               CRIMINAL REVISION PETITION NO.328 OF 2021
             BETWEEN:

                 SRI MANJUNATHA R
                 S/O LATE S V RAJAGOPAL
                 AGED ABOUT 59 YEARS
                 RESIDING AT SULIBELE VILLAGE
                 HOSAKOTE TLAUK
                 BENGALURU RURAL DIST - 562 129
                                                           ...PETITIONER
             (BY SRI. MURALIDHAR H M, ADVOCATE)

             AND:

                 SMT M N SHYLAJA
                 W/O GANGAMMA
                 AGED ABOUT 55 YEARS
                 RESIDING AT NO.10/A,
                 PIPELINE, VIJAYANAGAR
Digitally signed BENGALURU - 560 040
by MADHURI S                                              ...RESPONDENT
Location: High (BY SRI. V.F.KUMBAR, ADVOCATE)
Court of
Karnataka
                    THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
             CR.P.C PRAYING TO ALLOW THE REVISION PETITION, SET
             ASIDE THE IMPUGNED ORDER DATED 22.10.2020 PASSED BY
             THE LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE IN
             CRL.A.NO.148/2015,    CONFIRMING   THE     ORDER     DATED
             05.10.2013 PASSED BY THE XXI ADDL.C.M.M., BENGALURU IN
             C.C.NO.6285/2006, CONSEQUENTLY DISMISS THE COMPLAINT
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                                       CRL.RP No. 328 of 2021
                                           NC: 2023:KHC:43384




FILED BY THE RESPONDENT ALLEGING OFFENCE UNDER
SECTION 138 OF THE N.I ACT AGAINST THE PETITIONER
TOGETHER WITH COSTS OR IN THE ALTERNATIVE PASS SUCH
OTHER ORDER/S AS THIS HON'BLE COURT DEEM FIT TO PASS
ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, IN
THE INTEREST OF JUSTICE AND EQUITY.


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


                          ORDER

Petitioner/accused and respondent/complainant are

present.

2. Learned counsel for petitioner/accused and

respondent/complainant are also present.

3. A compromise petition is filed under Section

147 of N.I.Act. The parties have settled the dispute for a

sum of Rs.2,65,000/-. Out of the said amount, Demand

Draft for a sum of Rs.1,90,000/- is being reported by the

respondent/complainant. The remaining sum of

Rs.75,000/- is deposited before the trial Court. The terms

and conditions of the compromise is as under:

NC: 2023:KHC:43384

"We state that, we are the petitioner and respondent in the above Criminal Revision Petition. We both are conversant with the facts and circumstances of the case. Hence we swear this affidavit jointly.

2.We state that, above appeal is filed against the order passed in C.C.No.6285/2006 dated 05.10.2013 passed by the 21st A.C.M.M, Bengaluru which was confirmed by the LXI Addl.City Civil and Sessions Judge at Bengaluru in Crl.Appeal No.148/2015. During the pendency of the case, we both reached a consensus in which the petitioner has agreed to pay Rs.2, 5,000/- in full and final settlement of the respondent claim. Accordingly, petitioner has paid Rs.1,90,000 vide Demand Draft bearing No.566772 drawn on Union Bank of India, Shantinagar, Bengaluru dated 20.11.2023 and as a condition precedent for grant of interim prayer, petitioner has deposited a sum of Rs.75,000/- before the Learned 21st ACMM, vide receipt date 27.03.2014. Petitioner has no objection to make over the said amount to the respondent.

3. Further we state that, respondent has agreed to receive the said sum of Rs.2,65,000/-

from the petitioner and declares that no amount is due or payable by the appellant and the amount received is in full and final settlement of all dues from the appellant. Hence this joint affidavit.

Wherefore, parties to the lis respectfully pray that, this Honble Court be pleased to take the application on record, set aside the order of conviction recorded against the petitioner by allowing the Criminal Revision Petition, to meet the canon of justice."

NC: 2023:KHC:43384

In the light of the settlement entered into between the parties, the following:

ORDER

(i) Criminal Revision Petition is allowed.

Consequently, I.A.No.1/2023 is also allowed.

(ii) The impugned judgments and orders dated

05.10.2013 in C.C.No.6285/2006 on the file

of XXI Addl.CMM, Bengaluru and dated

22.10.2020 in Crl.A.No.148/2015 on the file

of LXI Addl. City Civil and Sessions Judge,

Bengaluru are set aside.

(iii) The petitioner/accused is acquitted for the

offence punishable under Section 138 of

N.I.Act. The bail bond and surety bond

stand discharged.

(iv) The respondent/complainant is permitted to

withdraw the amount in deposit before the

trial Court.

NC: 2023:KHC:43384

(v) The Registry is directed to return the trial

Court record along with copy of this order

forthwith.

Sd/-

JUDGE

RR