Sri Girish Kumar A C vs Smt Hemavathy
2023 Latest Caselaw 69 Kant

                                           -1-
                                                 CRL.RP No. 985 of 2018




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 2ND DAY OF JANUARY, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE R. NATARAJ
                 CRIMINAL REVISION PETITION NO. 985 OF 2018

             BETWEEN:

             SRI.GIRISH KUMAR A.C.
             S/O A.T.CHENGAPPA
             AGED ABOUT 57 YEARS
             PRESENTLY R/AT CHETTALLI
             KODAGU DISTRICT - 571 236.
                                                           ...PETITIONER
             (BY SRI.S.N.BHAT, ADVOCATE)

             AND:

             SMT. HEMAVATHY
             W/O LATE T.PRANESH
             AGED ABOUT 50 YEARS
             R/AT NO.32/5
             DODDABETTAHALLI MAIN ROAD
             VEERASAGARA VILLAGE
             ATTUR POST, YELAHANKA
             BENGALURU - 560 064.
                                                           ...RESPONDENT
             (BY SRI.C.PARAMESHWARAPPA, ADVOCATE)
Digitally
signed by
SUMA               THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W 401 OF
Location:    CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 12.10.2017
HIGH COURT   PASSED BY THE 12TH ACMM, BANGALORE IN CC.NO.6057/2016 AND
OF           ALSO JUDGMENT PASSED BY THE LEARNED LXVI ADDITIONAL CITY
KARNATAKA    CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-67) DATED
             05.07.2018 IN CRL.A.NO.1605/2017 AND ACQUIT THE PETITIONER.

                  THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE
             COURT MADE THE FOLLOWING:
                                   -2-
                                              CRL.RP No. 985 of 2018




                                ORDER

This revision petition arises out of a concurrent judgment

and order passed by the LXVI Additional City Civil and Sessions

Judge, Bengaluru in Crl.A.No.1605/2017 convicting the

petitioner for an offence punishable under Section 138 of the

Negotiable Instruments Act, 1881 (hereinafter referred to as

'the Act, 1881' for short).

2. When this revision petition was listed or admission,

an application under Section 147 of the Act, 1881 is filed

reporting a settlement between the parties. In terms of the

settlement, the parties have agreed to settle the dispute for a

sum of Rs.2,00,000/-, of which, a sum of Rs.50,000/- is

already deposited before the Sessions Court. The petitioner

undertakes to pay a sum of Rs.1,50,000/- on or before

31.01.2023.

3. In view of the above, the offence committed by the

petitioner under Section 138 of the Act, 1881 is compounded.

Consequently, the judgment and the sentence dated

12.10.2017 passed by the XII Additional Chief Metropolitan

CRL.RP No. 985 of 2018

Magistrate, Bengaluru in C.C.No.6057/2016 and judgment

dated 05.07.2018 passed by LXVI Additional City Civil and

Sessions Judge, Bengaluru in Crl.A.No.1605/2017 is set aside,

subject however to compliance of the above undertaking.

The respondent is at liberty to withdraw any amount in

deposit before the Trial Court.

Sd/-

JUDGE

NR/-