Sri K G Sreekatna Swamy vs Smt. Prema
2023 Latest Caselaw 1432 Kant

                                                      -1-

                                                               CRL.RP No. 331 of 2015



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                            DATED THIS THE 20TH DAY OF FEBRUARY, 2023
                                                 BEFORE
                          THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                                      CRl.R.P. NO. 331 OF 2015
                   BETWEEN:
                   SRI K.G. SREEKATNA SWAMY
                   AGED ABOUT 60 YEARS
                   S/O SRI K.S. GURUSWAMY
                   NO.177/20,49TH CROSS
                   3RD BLOCK, RAJAJINAGAR
                   BANGALORE - 10.
                                                                         ...PETITIONER
                   (BY Sri AKKAMAHADEVI HIREMATH, ADV.)
                   AND:
                   SMT. PREMA
                   AGED ABOUT 44 YEARS
Digitally signed
                   W/O SRI. RAMESH
by B A
KRISHNA
                   R/AT NO.34,7TH CROSS
KUMAR              3RD BLOCK, BOVI COLONY
Location: High
Court of           T.R. NAGAR
Karnataka
                   BANGALORE - 560 028.
                                                                        ...RESPONDENT
                   (BY SRI JAVEED S., ADV.)


                          THIS CRL.R.P. IS FILED U/S.397(1) & 401 CR.P.C PRAYING TO
                   SET ASIDE THE JUDGMENT AND CONVICTION AND SENTENCE
                   DATED 20.8.2014 PASSED BY THE XXII A.C.M.M., BANGALORE IN
                   C.C.NO.4772/2012 AND SET ASIDE THE ORDER DATED 1.1.2015
                   PASSED      BY    THE      P.O.,     F.T.C.-XII,   BANGALORE    IN
                   CRL.A.NO.1029/2014 AND ACQUIT THE PETR./ACCUSED.


                          THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
                                    -2-

                                          CRL.RP No. 331 of 2015



                              ORDER

This criminal revision petition is filed challenging the

judgment and order of conviction dated 20.08.2014 passed by

the XXII Addl. Chief Metropolitan Magistrate, Bengaluru, in

C.C.No.4772/2012 and the judgment and order dated

01.01.2015 passed by the Fast Track Court-XII, Bengaluru, in

Crl.A.No.1029/2014.

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 both the parties, and

therefore, they may be permitted to compound the offence

involved in this case. They have filed a joint memo dated

20.02.2023 before the Court which has been duly signed by the

parties and their respective advocates. The advocates have

identified their respective parties who are present before the

Court. The said joint memo reads as under:

"JOINT MEMO The above matter is settled between the parties today and accordingly the parties have filed this Joint Memo before this Hon'ble Court with the following terms and conditions.

CRL.RP No. 331 of 2015

The total cheque amount in the above case is Rs.1,50,000/-. A sum of Rs.40,500/- is deposited before this Hon'ble Court.

Now as per the settlement arrived at, the petitioner has agreed to pay the balance amount of Rs.1,09,500/- in two monthly installments starting from 1.3.2023. Accordingly, a sum of Rs.50,000/- shall be paid by the petitioner by way of cheque bearing No.579315 dt:1.3.2023 drawn on Canara bank, Sahakaranagar, B'lore and the balance amount of Rs.59,500/- shall be paid by way of post dated cheque bearing No.579316 dt:1.4.2023 drawn on Canara bank, Sahakaranagar, Bangalore.

The petitioner has handed over the cheques to the Respondent today towards the full and final settlement of the cheque amount of Rs.1,50,000/-.

The Joint Memo may kindly be placed on record."

3. Learned Counsel for the petitioner submits that in

compliance of the order passed in Crl.A.No.1029/2014, an

amount of Rs.15,500/- i.e., 10% of the fine amount, has been

deposited before the Trial Court on 06.11.2014 and pursuant to

the interim order granted by this Court, the petitioner has

deposited another sum of Rs.25,000/- before the Trial Court on

CRL.RP No. 331 of 2015

03.06.2015. Therefore, a total sum of Rs.40,500/- is in deposit

before the Trial Court.

4. Having regard to the aforesaid submission and the

averments made in the aforesaid joint memo, this revision

petition is disposed of in terms of the joint memo. The

respondent is permitted to withdraw the amount of Rs.40,500/-

which is in deposit before the Trial Court. The petitioner has

handed over two post-dated cheques for a sum of Rs.50,000/-

and Rs.59,500/- towards balance payment and the receipt of

the same has been acknowledged by the respondent. It is

made clear that in the event the said two post-dated cheques

are dishonoured, the respondent is at liberty to revive this

revision petition.

Accordingly, this criminal revision petition stands

disposed of.

SD/-

JUDGE

KK