Karnataka High Court
Sri Ramesh vs Smt Bharathi on 19 September, 2023
Bench: M G Uma
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NC: 2023:KHC:33705
CRL.RP No. 925 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL REVISION PETITION NO. 925 OF 2022
BETWEEN:
SRI. RAMESH
S/O LATE DALAPPA,
AGED ABOUT 43 YEARS
RESIDING AT DODDERI VILLAGE
CHIKKANAHALLI POST,
TAVAREKERE HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU DISTRICT - 562 130.
...PETITIONER
(BY SRI: NAGARAJA .S.R., ADVOCATE)
AND:
SMT. BHARATHI
Digitally signed by
HARSHITHA B W/O LATE NARASAPPA
Location: High AGED ABOUT 42 YEARS,
Court Of RESIDING AT NO.02,
Karnataka CHIKKAPPAIAH LAYOUT,
NAGASHETTIHALLI,
BENGALURU - 560 094.
...RESPONDENT
(BY SRI: MALLIKARJUNA .N.S., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND THE ORDER OF CONVICTION AND
SENTENCE AND FINE IMPOSED BY THE LEARNED XV ADDITIONAL
CHIEF METROPOLITAN, BENGALURU VIDE JUDGMENT DATED
29.11.2016 PASSED IN C.C.NO.19541/2015 AND FURTHER BE
PLEASED TO SET ASIDE THE JUDGMENT AND ORDER CONFIRMED BY
THE LEARNED LXI ADDL.CITY CIVIL AND SESSIONS JUDGE
BENGALURU IN CRL.A.NO.1557/2016 VIDE JUDGMENT DATED
27.07.2021 FOR THE OFFENCE P/U/S 138 OF THE N.I ACT AND
FURTHER BE PLEASED TO ACQUIT THE PETITIONER.
THIS CRL.RP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 925 of 2022
ORDER
Learned counsel for the petitioner and the respondent
along with their respective parties are present before the Court.
The petitioner and the respondent were identified by their
respective counsels.
2. Learned counsel for the petitioner files a memo of
even date reporting that the DD bearing No.021924, drawn on
Karnataka Bank Ltd., Dodda Aladamara Branch, in the name of
the respondent, dated 04.09.2023 for an amount of
Rs.6,75,000/- and another DD bearing No.487752, drawn on
Indian Overseas Bank, Ajjanahalli Branch, drawn in favour of
the respondent dated 13.09.2023 for an amount of
Rs.7,29,000/- are handed over to the respondent in full and
final settlement of the dispute between the parties.
3. The respondent- Smt. Bharathi who is present
before the Court and identified by her counsel acknowledges
receipt of the two DD's stated above.
4. The trial Court convicted the accused for the offence
punishable under Section 138 of Negotiable Instrument Act and
sentenced to pay fine of Rs.15,60,000/- and in default, to
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CRL.RP No. 925 of 2022
undergo simple imprisonment for a period of one year. It is
stated that a sum of Rs.1,56,000/- has already been deposited
before the trial Court. The balance amount of Rs.14,04,000/-
is paid to the respondent today by way of two DD's referred to
above.
5. The petitioner has no objection for the respondent
to withdraw the balance compensation amount of Rs.1,56,000/-
which is deposited before the trial Court. The balance of
Rs.10,000/- is to be appropriated to the State towards fine.
6. In view of the above, learned counsel for the
petitioner seeks to dismiss the petition as not pressed.
7. In view of the submission, petition is dismissed as
not pressed.
In view of the above, it is made clear that the petitioner-
accused has paid the entire fine amount as ordered by the trial
Court. Nothing remains to be paid.
Sd/-
JUDGE
PN
