Smt. H.S. Manjula vs Smt. Sujatha
2023 Latest Caselaw 834 Kant

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                                                      CRL.RP No. 1008 of 2019




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 12TH DAY OF JANUARY, 2023

                                        BEFORE
                        THE HON'BLE MR JUSTICE R. NATARAJ
                CRIMINAL REVISION PETITION NO. 1008 OF 2019
             BETWEEN:

             SMT. H.S. MANJULA
             W/O SHANTHARAJU,
             AGED ABOUT 44 YEARS,
             R/AT NO.91, 3RD CROSS,
             NARASIMHANAYAKA NAGARA,
             HOLENARASIPURA TOWN,
             HASSAN DISTRICT,
             PIN CODE-573 211.

                                                        ...PETITIONER
             (BY SRI. ROOPESHA B., ADVOCATE)

             AND:

             SMT. SUJATHA
             W/O SHANKARA,
             AGED ABOUT 41 YEARS,
             R/AT AASHRAYA EXTENSION,
             CHITTHANAHALLI ROAD,
Digitally    HOLENARASIPURA TOWN,
signed by
SUMA         HOLENARASIPURA TALUK,
Location:    PIN CODE-573211.
HIGH COURT
OF
KARNATAKA                                               ...RESPONDENT
             (BY SRI. VIJAYKUMAR T., ADVOCATE)

                    THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
             SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973,
             PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.04.2018
             PASSED    IN   CRL.A.NO.169/2017    ON   THE   FILE   OF   THE   5TH
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                                             CRL.RP No. 1008 of 2019




ADDITIONAL DISTRICT AND SESSIONS COURT AT HASSAN AND
ALSO THE ORDER DATED 01.09.2017 PASSED IN C.C.NO.3932/2015
ON THE FILE OF THE CIVIL JUDGE AND JMFC., AT HOLENARASIPURA
AND ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT,
1881.

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

                                ORDER

An application in I.A. No.1/2023 is filed under Section

147 of the Negotiable Instruments Act, 1881 (for short, 'the Act

of 1881'), which is countersigned by the petitioner as well as

the respondent. It is stated in the application that the parties

have settled the dispute amicably in terms of which the

petitioner has agreed to pay Rs.1,25,000/-, of which a sum of

Rs.1,00,000/- is paid to the respondent and a sum of

Rs.25,000/- is deposited before the Trial Court. The petitioner

as well as the respondent are present in person and they admit

the terms of the settlement.

2. In view of the same, I.A. No.1/2023 is allowed.

Consequently, this revision petition is allowed and the

impugned judgment of conviction and sentence dated

CRL.RP No. 1008 of 2019

01.09.2017 passed by the Civil Judge and JMFC.,

Holenarasipura, in C.C. No.3932/2015 and the judgment dated

02.04.2018 passed by the 5th Additional District and Sessions

Judge, Hassan, in Criminal Appeal No.169/2017 are set aside.

The petitioner shall deposit a sum of Rs.5,000/- as graded cost

in accordance with the judgment of the Hon'ble Apex Court in

the case of Damodar S. Prabhu v. Sayed Babalah H. [AIR

2010 SC 1907] since the parties are poor and are not in a

position to pay 15% of the amount settled between them. The

graded cost shall be deposited before this Court within a period

of two weeks. On such deposit, it shall be released in favour of

the Karnataka State Legal Services Authority.

Any amount in deposit before the Trial Court is ordered to

be released in favour of the respondent.

Sd/-

JUDGE

SMA