Karnataka High Court
Smt Loosi vs Smt Merci Prabhavathi on 13 January, 2023
Bench: R. Nataraj
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CRL.RP No. 570 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL REVISION PETITION NO. 570 OF 2019
BETWEEN:
SMT LOOSI
W/O SAYMEN DAYAKARA
AGED 52 YEARS
R/A S BOMMENAHALLI VILLAGE
SAKHARAYAPATNA HOBLI, KADUR TQ
CHIKKAMAGALURU DIST - 577548.
...PETITIONER
(BY SRI. MOHAN KUMAR T., ADVOCATE)
AND:
SMT MERCI PRABHAVATHI
W/O SARVOTHAM SURESH
AGED 52 YEARS
GOVERNMENT EMPLOYEE
R/O S BOMMENAHALLI VILLAGE
SAKHARAYAPATNA HOBLI
KADUR TALUK
CHIKKAMAGALURU DIST - 577548.
Digitally
...RESPONDENT
signed by (BY SRI. LOURDU MARIYAPPA, ADVOCATE)
SUMA
Location: THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
HIGH SET ASIDE THE JUDGMENT AND CONVICTION DATED 01.04.2019
COURT OF
KARNATAKA PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHIKKAMAGALURU IN CRIMINAL APPEAL NO.135/2018 AND
JUDGMENT AND CONVICTION DATED 27.08.2018 PASSED BY THE II
ADDITIONAL CIVIL JUDGE AND JMFC, KADUR IN C.C.NO.1204/2016
FOR THE OFFENCE COMMITTED UNDER SEC.138 OF N.I.ACT BY
ALLOWING THE ABOVE REVISION PETITION AND CONSEQUENTLY
ACQUIT THE PETITIONER.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 570 of 2019
ORDER
This revision petition is filed challenging the judgment of
conviction dated 27.08.2018 passed by the II Additional Civil
Judge and JMFC, Kadur in C.C.No.1204/2016 for the offence
punishable under Section 138 of the Negotiable Instruments
Act, 1881 (hereinafter referred to as 'NI Act, 1881' for short)
and the consequent sentence directing the petitioner to
undergo simple imprisonment for a period of one year and to
pay fine of Rs.1,15,000/-.
2. When the petition was listed for orders, the
petitioner who is present in person submits that she is willing to
settle the dispute. She submits that 50% of the fine amount is
already deposited before the trial Court and that she is willing
to pay Rs.50,000/-.
3. Learned counsel for the respondent on instruction
submit that the respondent is willing to accept the same.
4. In view of this agreement, the petitioner has
handed over a sum of Rs.50,000/- (Rupees Fifty Thousand
CRL.RP No. 570 of 2019
Only) to the learned counsel for the respondent and the
respondent has no objection for compounding the offences and
setting aside the judgment of conviction passed by the trial
Court.
5. Learned counsel for the respondent has
acknowledged the receipt of a sum of Rs.50,000/-.
6. In view of the above, this revision petition is
allowed and the impugned judgment of conviction dated
27.08.2018 passed by the II Additional Civil Judge and JMFC,
Kadur in C.C.No.1204/2016 for the offence punishable under
Section 138 of NI Act, 1881 and the consequent sentence of
imprisonment of one year and payment of fine of Rs.1,15,000/-
is set aside. Similarly, the judgment dated 01.04.2019 passed
by the II Additional District and Sessions Judge,
Chikkamagaluru in Crl.A.No.135/2018 is also set aside. The
petitioner is set free.
Since the petitioner belongs to an underprivileged section
of the society, the imposition of graded cost as prescribed in
CRL.RP No. 570 of 2019
the guidelines of Hon'ble Apex Court in the case of DAMODAR
S. PRABHU VS. SAYED BABALAL H. reported in AIR 2010
SC 1907 is dispensed with.
Sd/-
JUDGE
NR/-
