Karnataka High Court
Smt. Sundaramma vs Smt. Rathnamma on 5 December, 2023
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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NC: 2023:KHC:43989
CRL.RP No. 826 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL REVISION PETITION NO. 826 OF 2014
BETWEEN:
SMT. SUNDARAMMA,
W/O S. NINGARAJUD,
AGED ABOUT 49 YEARS,
WORKING AT PRIMARY HEALTH UNIT,
5TH MAIN ROAD,
VISHWESHWARANAGAR,
MYSORE-570 001.
...PETITIONER
(BY SRI. PRASANNA KUMAR .P. DAROJI, ADVOCATE FOR
SMT. SHWETHA ANAND, ADVOCATE)
AND:
SMT. RATHNAMMA,
W/O RAMEGOWDA,
AGED ABOUT 45 YEARS,
Digitally
signed by R/AT NO. 422,
SOWMYA D A & B BLOCK,
RAMAKRISHNANAGAR,
Location: MYSORE-570 022.
High Court
...RESPONDENT
of
Karnataka (BY SRI. NARAYANA SWAMY .H, ADVOCATE FOR
SRI. L. SUDHARSHAN, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE
DATED:11.8.14 IN CRL.A.NO.148/13 ON THE FILE OF THE IV
ADDL. S.J., MYSORE WHICH CONFIRMS THE JUDGMENT AND
SENTENCE DATED:3.5.13 IN C.C.NO.2432/2008 ON THE FILE
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NC: 2023:KHC:43989
CRL.RP No. 826 of 2014
OF THE I ADDL. I C.J. AND JMFC, MYSORE PRODUCED VIDE
ANNEXURE-K. CONSEQUENTLY SET ASIDE THE JUDGMENT AND
SENTENCE DATED:3.5.13 IN C.C.NO.2432/2008 ON THE FILE
OF THE I ADDL. I C.J. AND JMFC, MYSORE PRODUCED VIDE
ANNEXURE-J. ACQUIT THE PETR. OF THE OFFENCES ALLGED
AGAINST HER.
THIS PETITION COMING ON FOR REPORTING
SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
Both the revision petitioner / accused and
complainant / respondent along with their respective
counsels are present.
2. The parties have submitted a joint compromise
petition under Section 147 of the Negotiable Instruments
Act, 1881 reporting settlement amongst themselves and
as a security for last installment; a cheque has been
issued bearing No.768129 of Vijaya Bank.
3. The contents of the compromise petition are
read over and explained to the parties in presence of their
respective counsels in Kannada language known to them
and they admit the contents to be true and correct.
NC: 2023:KHC:43989
4. In view of the settlement, the complainant /
respondent has acknowledged receipt of Rs.10,000/- and
she is also entitled for Rs.65,000/- deposited before the
court
5. I am satisfied that the parties have settled their
dispute amicably without any threat or coercion. The
compromise is not against any settled law. In view of the
same, the compromise petition filed under Section 147 of
the Negotiable Instruments Act, 1881 needs to be allowed.
Accordingly, I proceed to pass the following:
ORDER
(i) The compromise petition filed by both the
parties under Section 147 of the
Negotiable Instruments Act, 1881 is
allowed. The matter stands compounded.
(ii) The impugned judgment of conviction
and order of sentence passed by I
Additional Civil Judge and JMFC, Mysore
in C.C.No.2432/2008 and confirmed by
IV Additional Sessions Judge, Mysore in
Crl.A.No.148/2013 are set aside.
NC: 2023:KHC:43989
(iii) The accused / revision petitioner stands
acquitted of the offence punishable under
Section 138 of Negotiable Instruments
Act, 1881.
(iv) In view of the compounding of the
offence, the bail bonds executed by the
accused / revision petitioner stand
cancelled.
(v) The amount deposited by the revision
petitioner / accused amounting to
Rs.65,000/- shall be paid to the
complainant / respondent herein.
(vi) The compromise petition shall be part of
this judgment.
Sd/-
JUDGE
SS
