Mukthiar Pasha vs M/S Manappuram Chits (K) Pvt Ltd
2023 Latest Caselaw 9019 Kant

Citation : 2023 Latest Caselaw 9019 Kant
Judgement Date : 1 December, 2023

Karnataka High Court

Mukthiar Pasha vs M/S Manappuram Chits (K) Pvt Ltd on 1 December, 2023

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                                                 CRL.RP No. 294 of 2023
                                                     NC: 2023:KHC:43305




             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.294 OF 2023
             BETWEEN:

                 MUKTHIAR PASHA
                 S/O MAHABOOB PASHA
                 AGED 40 YEARS,
                 R/AT NO.139, 12TH A MAIN,
                 19TH CROSS, HSR LAYOUT, 7TH SECTOR,
                 BENGALURU - 560 102.
                                                          ...PETITIONER
             (BY SRI. JEEVAN K, ADVOCATE)

             AND:

                 M/S MANAPPURAM CHITS (K) PVT LTD
                 NO.02, 2ND FLOOR, SRS COMPLEX,
                 6TH MAIN, KHM BLOCK, RT NAGAR,
                 BENGALURU PIN - 560 032
                 BRANCH RT NAGAR,
Digitally signed REP. BY ITS ASSISTANT LEGAL MANAGER,
by MADHURI S
                 SRI. RAMESHA D.K.
Location: High
Court of                                                 ...RESPONDENT
Karnataka        (BY SMT. RAJA RAJESHWARI N, ADVOCATE)

                  THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
             CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY
             THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE
             BENGALURU IN CRIMINAL APPEAL NO.298/2021 DATED
             24.11.2022 AND ALSO THE JUDGMENT OF CONVICTION DATED
             09.03.2021 IN C.C.NO.6327/2018 PASSED BY THE LEARNED
             XX ADDL. SMALL CAUSES JUDGE AND ADDL. CHIEF
             METROPOLITAN MAGISTRATE AND M.A.C.T. BENGALURU AND
             MAY PLEASE TO DIRECT THE ACQUITTAL OF THE ACCUSED /
             PETITIONER IN THE ENDS OF JUSTICE AND EQUITY.
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                                        CRL.RP No. 294 of 2023
                                              NC: 2023:KHC:43305




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

                              ORDER

Petitioner/accused and respondent/complainant are

present.

Both learned counsel for the petitioner and learned

counsel for the respondent are present.

2. I.A.No.2/2023 is filed under Section 147 of

N.I.Act along with joint affidavit, reporting the compromise

and stating that the matter is settled between the parties.

The terms read as under:

"1. That, the Complainant/respondent had initiated a dispute before the Deputy Registrar of Chits in DBR-1/Chits/70/2018-19 and obtained Award for Rs.9,08,415/- along with interest and cost. Thereafter he filed Execution Case No.35/2019 before the Hon'ble Additional City Civil Judge (CCH-

65) at Bengaluru. The cheque involved in the above revision petition was also issued for the repayment of the aforesaid chit payment. Now the parties have amicably settled the matter out of court at the

NC: 2023:KHC:43305

intervention of their friend's, relatives and well-

wishers on the following terms and conditions.

2. That the accused / respondent has deposited 50% of the fine amount before the XX Additional Small Causes Judge and Additional Chief Magistrate and MACT Bengaluru (SCCH-22). It is agreed between the parties that the said amount to be released in favour of the complainant / respondent. The other due which is payable to the complainant by the accused has already been paid by the accused in the Execution Petition No.35/2019, of which the complainant/respondent hereby admits and acknowledges.

3. That in view of the payment of entire compensation amount by the accused to the complainant as stated above it is humbly submitted that this Hon'ble Court may please to record the compromise and to acquit the accused in view of the settlement arrived between them and also order to return the amount in deposit before the trial court to the respondent / complainant in the interest of justice and equity."

3. The compromise petition is duly signed by both

the parties and their learned counsel.

NC: 2023:KHC:43305

4. In the light of the compromise entered into

between the parties, I proceed to pass the following:

ORDER

i) I.A.No.2/2023 filed under Section 147 of

N.I.Act is hereby allowed.

ii) The Criminal Revision Petition is allowed.

iii) Impugned order dated 24.11.2022 in

Crl.A.No.298/2021 passed by the LXVI

Additional City Civil & Sessions Judge,

Bengaluru City, by confirming the

judgment and order dated 09.03.2021,

passed by the XX Additional Small

Causes Judge and Additional Chief

Metropolitan Magistrate and M.A.C.T.,

Bengaluru in C.C.No.6327/2018, are set

aside.