Karnataka High Court
S.Lakshmi W/O Parameshappa vs Y. Suresh Kumar S/O H. Yallanna on 18 July, 2023
Bench: Anil B Katti
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NC: 2023:KHC-D:7431
CRL.RP No. 100320 of 2019
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL REVISION PETITION NO. 100320 OF 2019 (397)
BETWEEN:
S. LAKSHMI, W/O PARAMESHAPPA,
AGE: 41 YEARS, OCC: WORKING AS
ASSISTANCE ADMINISTRATIVE OFFICER,
VIMS HOSPITAL BALLARI,
R/O: WORKING AS ASSISTANCE
ADMINISTRATIVE OFFICER,
VIMS HOSPITAL BALLARI,
TQ AND DIST: BALLARI-583104
...PETITIONER
(BY SRI. B ANWAR BASHA, ADVOCATE)
AND:
Y. SURESH KUMAR S/O H. YALLANNA
Digitally
signed by
ANNAPURNA
AGE: 45 YEARS,
ANNAPURNA CHINNAPPA R/O: VATTAPAGERI, DOOR NO.16,
CHINNAPPA DANDAGAL
DANDAGAL Date:
2023.07.21 WARD NO.28, COWL BAZAAR BALLARI,
12:46:53 -
0700 DIST: BALLARI, PIN-583102.
...RESPONDENT
(BY SRI. M. AMAREGOUDA , ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS ON THE FILE
OF 2ND ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI IN
CRIMINAL APPEAL NO.24/2018 AND ON THE FILE OF 2ND ADDL.
CIVIL JUDGE AND J.M.F.C, BALLARI IN C.C.NO.609/2016 PERUSE
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CRL.RP No. 100320 of 2019
THE SAME AND SET ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCE PASSED BY THE LEARNED 2ND ADDL. DISTRICT AND
SESSIONS JUDGE, BALLARI IN CRIMINAL APPEAL NO.24/2018
DATED 31/10/2019 AND THE JUDGMENT OF CONVICTION AND
SENTENCE PASSED BY THE LEARNED 2ND ADDL. CIVIL JUDGE AND
J.M.F.C., BALLARI IN C.C.NO.609/2016, DATED 17/04/2018 OF
SEC.138 OF NI ACT AND SET THE PETITIONER AT LIBERTY.
THIS CRIMINAL REVISION PETITION, COMING ON FOR
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Revision petitioner/accused - Smt. Lakshmi w/o
Parameshappa with her learned counsel Shri B.Anwar Basha,
present. Respondent- Shri Y. Suresh Kumar s/o H.Yallanna,
along with his learned counsel, Shri M.Amaregouda, present.
2. Heard both sides on the application filed under
Section 320 of Cr.P.C. read with Section 147 of the Negotiable
Instruments Act seeking permission to compound the offence.
It is reported that the matter is amicably settled between the
parties and the accused has paid the settled amount of
Rs.2,25,000/-. Out of the said amount, Rs.1,24,000/- has
been deposited before the trial Court and complainant
acknowledges the receipt of Rs.1,01,000/-.
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CRL.RP No. 100320 of 2019
3. Revision petitioner and respondent are identified by
their respective counsel.
4. Revision petitioner undertakes to deposit the
litigation expenses of Rs.10,000/- as ordered by trial Court.
5. The Court has enquired the parties in open Court
and both of them submit that they have amicably settled the
matter and they have no objection to allow the application.
The Court is satisfied that the parties have agreed to compound
the offence on their own wish and will.
6. In view of the decision of Hon'ble Apex Court in
DAMODAR S. PRABHU VS. SAYED BABALAL H, reported in
AIR 2010 SC 1907, when compounding is permitted at the
appellate stage, the cost has to be imposed. It is true that
when the matter is compounded at the appellate stage, 15% of
the cheque amount will have to be imposed as cost and the
cost so imposed has to be deposited to the Legal Services
Authority.
7. The Hon'ble Apex Court after laying down guidelines
has given discretion to the concerned Court to reduce the cost
by recording reasons. In the present case, accused submits
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CRL.RP No. 100320 of 2019
that she is working as a group 'D' employee in BIMS Hospital,
Ballari. Parties are litigating before this Court since 2016.
Looking to the facts and circumstances of the case and the
reasons stated above, if costs of Rs.2,000/- is imposed, then it
will meet ends of justice. Hence, I proceed to pass the
following:
ORDER
Application filed under Section 320 of the Code of
Criminal Procedure read with Section 147 of the Negotiable
Instrument Act is hereby allowed.
The parties are permitted to compound the offence under
Section 138 of Negotiable Instruments Act subject to the
condition that accused shall deposit Rs.10,000/- litigation
expenses as ordered by the trial Court within a period of three
weeks from today.
Accused shall also pay costs of Rs.2,000/- to the Legal
Services Authority of this Court within same period.
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CRL.RP No. 100320 of 2019
In view of acceptance of compounding of offence between
the parties, the judgment of trial Court and First Appellate
Court are set-aside.
In terms of the above, the Criminal Revision Petition is
ordered to be disposed of.
Learned counsel for revision petitioner has to report the
compliance of the order within four weeks.
Complainant is permitted to withdraw the amount
deposited in the trial Court.
The registry is directed to transmit the records with the
copy of this judgment to trial Court.
(Sd/-)
JUDGE
JM/
