Karnataka High Court
Smt K V Sarojamma vs K Krishnappa on 24 March, 2023
Bench: S Vishwajith Shetty
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CRL.RP No. 230 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO.230 OF 2014
BETWEEN:
SMT. K.V. SAROJAMMA
W/O. V. SRIRAMA REDDY,
AGED ABOUT 49 YEARS,
R/AT NO.694,
GANDHINAGAR LAYOUT, MALAPALLI,
CHINTAMANI - 560 036. ... PETITIONER
(BY SRI SANDESH P. NADIGER, ADVOCATE FOR
SRI G. BALAKRISHNA SHASTRY, ADVOCATE)
AND:
K. KRISHNAPPA
S/O. LATE KADIRAPPA,
DEAD BY HIS WIFE
SMT. ADEMMA,
AGED ABOUT 44 YEARS,
R/AT NO.694,
Digitally signed
by SHYAMALA GANDHINAGAR LAYOUT, MALAPALLI,
CHINTAMANI - 560 036. ... RESPONDENT
Location: HIGH
COURT OF
KARNATAKA (BY SRI N. SRINIVAS, ADVOCATE)
THIS CRL.R.P. IS FILED UNDER SECTION 397 OF R/W 401
CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
THIS HON'BLE COURT MAY BE PLEASED TO SET-ASIDE THE
JUDGMENT AND ORDER DATED 21.02.2014 PASSED BY THE ADHOC
DISTRICT AND SESSIONS JUDGE, FTC-II, CHINTAMANI IN
CRL.A.NO.24/2010 AND DATED 28.04.2010 ON THE FILE OF THE
ADDL. CIVIL JUDGE (JR.DVN.) AND JMFC, CHINTAMANI IN
C.C.NO.209/2007 AND ACQUIT THE PETITIONER FOR THE CHARGES
LEVELLED AGAINST HIM.
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CRL.RP No. 230 of 2014
THIS CRL.R.P. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This criminal revision petition under Section 397 read
with Section 401 of the Code of Civil Procedure, 1908
("CPC") is filed by the accused challenging the judgment
and order of conviction and Sentence dated 21/02/2014,
passed by the Adhoc District & Sessions Judge, FTC-II,
Chintamani in Crl.A.No.24/2010 reversing the judgment
passed by the Addl. Civil Judge (Jr. Dn.) & JMFC,
Chintamani in CC.No.209/2007 dated 28/04/2010
acquitting the petitioner for the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881 ("N.I.
Act").
2. Learned counsel for the parties jointly submit
that the dispute between the parties has been amicably
settled during the pendency of this revision petition and
they have filed an application I.A.No.1/2023 for
compounding the offence for which the petitioner has been
convicted by the appellate Court in Crl.A.No.24/1010.
CRL.RP No. 230 of 2014
They submit that the petitioner agrees to pay an amount
of Rs.1,75,000/- in full and final settlement of the amount
covered under cheque in question to the respondent-
complainant and out of the said amount, he has already
paid Rs.50,000/- to the respondent-complainant by cash
on 21/02/2023 and the same has been acknowledged by
the complainant and the petitioner has, today, paid the
remaining amount of Rs.1,25,000/- by way demand draft
bearing No.666537 dated 24/03/2023 drawn on Punjab
National Bank, in favour of Smt. Ademma the legal
representative of the deceased complainant.
3. The receipt of the said demand draft for
Rs.1,25,000/- is duly acknowledged by the learned
counsel for the respondent.
4. Having regard to the settlement arrived at
between the parties, they are permitted to compound the
offence for which the petitioner was convicted by the
appellate Court in Crl.A.No.24/2010 and accordingly, the
following:
CRL.RP No. 230 of 2014
ORDER
(i) This criminal revision petition is disposed of in
terms of the application (I.A.No.1/2023) filed by the
parties under Section 147 of the N.I.Act seeking
permission of this Court to compound the offence and
accordingly, I.A.No.1/2023 stands allowed.
(ii) Consequently, the judgment and order of conviction
and sentence dated 21/02/2014, passed by the
appellate Court in Crl.A.No.24/1010 is set aside and
the petitioner is acquitted of the offence punishable
under Section 138 of the N.I. Act.
Sd/-
JUDGE
S*
