Karnataka High Court
Premavathy vs N Veenakumari on 16 February, 2023
Bench: S Vishwajith Shetty
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CRL.RP No. 179 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P. NO.179 OF 2014
BETWEEN:
PREMAVATHY
D/O LATE LINGAIAH
AGED ABOUT 52 YEARS
OCC: SCHOOL TEACHER
D.NO.4275, 3RD CROSS,
GANDHI NAGAR
MYSORE - 570 007.
...PETITIONER
Digitally signed
by B A KRISHNA
KUMAR (BY SRI CHANDRASHEKARA K.A., ADV.)
Location: High
Court of
Karnataka
AND:
N. VEENAKUMARI
W/O B. KRISHNA
AGED ABOUT 43 YEARS
D.NO.4655, 3RD CROSS
SHIVAJI ROAD, N.R.MOHALLA
MYSORE - 570 007.
...RESPONDENT
(BY SRI V.M. PRASAD., ADV.)
THIS CRL.RP FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED:10.2.12 PASSED BY THE III ADDL. FIRST
CIVIL JUDGE AND JMFC, MYSORE IN C.C.NO.1905/2008 FOR THE
OFFENCES P/U/S 138 OF N.I. ACT AND CONFIRMED BY THE ORDER
DATED:23.1.14 PASSED BY THE II ADDL. S.J., MYSORE IN
CRL.A.NO.46/12 FOR THE OFFENCES P/U/S 138 OF N.I. ACT.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 179 of 2014
ORDER
This criminal revision petition has been filed by the
accused challenging the judgment and order dated 10.02.2012
passed by the III Addl. I Civil Judge & JMFC in
C.C.No.1905/2008 and the judgment and order dated
23.01.2014 passed by the II Additional Sessions Judge, Mysuru
in Crl.A.No.46/2012.
2. Learned counsel for the parties jointly submit that
the dispute between the parties has been amicably settled at
the intervention of elders and well-wishers of the parties and
they have filed an application under Section 320(6) & (8) of
Cr.P.C., R/w Section 147 of Negotiable Instruments Act with a
prayer to permit the parties to compound the alleged offence.
In the said application for compounding, it is stated that the
respondent had agreed to receive a sum of Rs.1,00,000/- (One
lakhs) from the petitioner towards full and final settlement of
the dispute involved in the case. It is also stated that sum of
Rs.63,000/- has been deposited before the Trial Court and the
said amount may be released in favour of the respondent-
complainant. The balance amount of Rs.37,000/- is agreed to
CRL.RP No. 179 of 2014
be paid by the petitioner to the respondent on or before
10.03.2023.
3. The application for compounding filed today has
been signed by the parties and their respective advocates.
Having regard to the nature of dispute involved in the case, the
application filed by the parties is accepted and they are
permitted to compound the offence punishable under Section
138 of N.I. Act
4. The revision petition is disposed of in terms of
settlement arrived at between the parties. Accordingly, the
judgment and order of conviction passed by the Trial Court in
C.C.No.1905/2008 confirmed in Crl.A.No.46/2012 by the
Appellate Court is set aside and the petitioner is acquitted of
the offence under Section 138 of the N.I. Act.
The Registry is directed to return the Trial Court records
immediately so as to enable the respondent-complainant to
withdraw the amount in deposit.
Sd/-
JUDGE
NMS
